Legal Question in Real Estate Law in Texas

Property Lien

Work was performed on house. Homeowner did not pay. We sued. We won. Still didn't pay. We put lien on property. Property now for sale, can't finalized without satisfying our lien. Now, my husband is very sick and we don't have the time to mess with this right now. Is there any way they can by-pass our lien and sell the property anyway without us getting paid? Or are they at our mercy? Are the laws any different if it is a foreclosure? Please let me know the closing is supposed to be Friday. Thanks


Asked on 12/08/05, 9:18 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Property Lien

Assuming your lien paperwork was in order, timely recorded in the proper county, in accordance with the statute, etc., they cannot pass good title without getting a release of your lien. If this is a typical transaction closed through a title company, you should get a call asking for the lien payoff amount and soliciting a release in exchange for the payment. Only provide the release to the title company, not your former customer, and transmit it with a cover letter stating the release is only to be recorded if the title company pays you the payoff amount.

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Answered on 12/08/05, 1:03 pm


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