Mechanics Lien Filing Package — Texas

Mechanics Lien Filing Package (Texas)

Quick-Reference Summary

Part A — Pre-Lien Notice (Texas Notice of Claim, Tex. Prop. Code § 53.056)

A.1 Recipients

For claims governed by the post-January 1, 2022 law, a claimant other than an original contractor sends the § 53.056 notice to:

• Owner (or reputed owner per current deed of record);
• Original contractor (the GC in privity with owner).

Original contractors are not required to send a pre-lien notice prior to filing their lien affidavit.

A.2 Required Statutory Form (§ 53.056(a-2))

The notice must be substantially in this form:

NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS

WARNING: This notice is provided to preserve lien rights.

Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.

Date: [__/__/____]

Project description and/or address: [________________________________]

Claimant's name: [________________________________]

Type of labor or materials provided: [________________________________]

Original contractor's name: [________________________________]

Party with whom claimant contracted if different from original contractor: [________________________________]

Claim amount: $[________________________________]

[________________________________] (Claimant's contact person)

[________________________________] (Claimant's address)

An invoice or billing statement may accompany the notice under § 53.056(a-3).

A.3 Service Method (§ 53.003)

Unless another subsection controls, delivery may be in person to the entitled party or agent, by certified mail, or by another traceable private delivery or mailing service that can confirm proof of receipt. Certified-mail deposit or mailing in the required form constitutes compliance unless receipt is required; the statute does not provide the same deposit rule for every private carrier.

A.4 Deadline Calculation

For each month in which the claimant furnished unpaid labor or materials:

Residential construction project: send by the 15th day of the second month after the furnishing month. Other project: send by the 15th day of the third month.

For undelivered specially fabricated materials, use the month in which delivery normally would have occurred. Calculate each month separately; a consolidated notice is effective only for amounts whose deadlines have not passed.

If the deadline falls on a Saturday, Sunday, or legal holiday, current § 53.003(e) extends the period through the next day that is not one of those days.

Part B — Affidavit Claiming Mechanic's Lien (Tex. Prop. Code §§ 53.052, 53.054)

Caption / Header

Filed with the County Clerk of [____________________] County, Texas (real-property records). Texas does not use a court caption for the affidavit itself — it is filed as a recorded instrument. For a homestead claim, put the statutory notice below at the top of the first recorded page in at least 10-point boldface or its computer equivalent (§ 53.254(f)).

NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.

AFFIDAVIT CLAIMING MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN
(Tex. Prop. Code §§ 53.052, 53.054)

After being recorded, return to:

[_______________________________________________]
[_______________________________________________]

I. Claimant Identification (§ 53.054(a)(7))

Claimant (sworn affiant): [_________________________________________________________]
Mailing address: [____________________________________________________]
Physical address, if different: [____________________________________________________]
Capacity (original contractor / subcontractor / supplier / design professional): [____________]
Texas contractor license / registration (if applicable; e.g., TDLR or TBPLS): [____________]

II. Property Owner Identification (§ 53.054(a)(2))

Owner or reputed owner (per current deed of record in [____________] County): [________________________________________________]
Mailing address: [____________________________________________________]

III. Property Description (§ 53.054(a)(6))

Street address: [____________________________________________________]
City / County: [____________________________________________________]
Legal description sufficient to identify the property:

[_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________]

IV. Labor, Services, Equipment, or Material Furnished (§ 53.054(a)(3))

General description of work performed and / or materials furnished by claimant:

[_______________________________________________________________________
_______________________________________________________________________]

Individual work or material items are not required by § 53.054(c). Attach invoices or statements as Exhibit A only if useful to support the general description and amount.

For a claimant other than an original contractor, identify each month in which work was done or materials were furnished for which payment is requested:

V. Hiring Party / Contract Identification (§ 53.054(a)(4))

Name of party with whom claimant contracted (the original contractor, subcontractor, owner, or owner's agent): [________________________________________________]

If claimant is a subcontractor or supplier — identify each subcontractor above claimant in the contracting chain through to the original contractor, to the extent known.

VI. Original Contractor Identification (§ 53.054(a)(5))

Original contractor name: [________________________________________________]

Original contractor last known address: [________________________________________________]

VII. Amount Owed (§ 53.054(a)(1))

Total amount of lien: $ [____________]

VIII. First and Last Date of Furnishing

Date claimant first furnished labor or materials to the project: [__/__/____]
Date claimant last furnished labor or materials to the project: [__/__/____]
Date of completion / termination / abandonment of original contract (if known): [__/__/____]

IX. Notice Compliance Statement (§ 53.054(a)(8))

Claimant gave the notice(s) required by § 53.056 (and, if applicable, § 53.057 for retainage) to the owner and original contractor as follows:

Attach the certified-mail record, signed delivery acknowledgment, carrier tracking, or other proof applicable to the selected § 53.003 method as Exhibit B.

X. Verification / Notarization (§ 53.054(a))

State of Texas
County of [____________________]

Before me, the undersigned notary, on this [____] day of [____________________], 20[____], personally appeared [_________________________], known to me, who being by me duly sworn, deposed and said the foregoing affidavit is true and correct to the best of his/her knowledge.

Signature of affiant: [_________________________________________________________]
Print name & title: [_______________________________________________]

___________________________________
Notary Public, State of Texas
My commission expires: [__/__/____]
[Notary seal]

Part C — Notice of Filed Lien Affidavit to Owner (Tex. Prop. Code § 53.055)

Not later than the fifth day after the date the affidavit is filed with the county clerk, the claimant must send a copy of the filed affidavit (with file-stamp / clerk's recording data) by certified mail to:

• Original contractors: the owner or reputed owner.
• Subcontractors / suppliers: the owner or reputed owner AND the original contractor.

NOTICE OF FILED AFFIDAVIT CLAIMING LIEN
(Tex. Prop. Code § 53.055)

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Owner name and address]
[Original contractor name and address, if subcontractor/supplier claimant]

Re: Mechanic's Lien Affidavit — [Project address]
    Filed [__/__/____] in the Official Public Records of
    [____________] County, Texas, as Instrument No. [____________]

Enclosed is a file-stamped copy of the Affidavit Claiming Mechanic's
Lien, filed pursuant to Tex. Prop. Code § 53.052. The unpaid amount
secured by the lien is $[____________]. This notice is given pursuant
to § 53.055.

The lien may be discharged by payment, by indemnity bond filed under
§ 53.171, or by court order.

Sincerely,
[Claimant signatory]

Part D — Suit to Foreclose Mechanic's Lien (Tex. Prop. Code § 53.158)

D.1 Caption

CAUSE NO. [____________]

IN THE DISTRICT COURT
[____________________] COUNTY, TEXAS
[____] JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION FOR FORECLOSURE OF MECHANIC'S LIEN AND BREACH OF CONTRACT

Plaintiff's partial identifiers for this initial petition (Tex. Civ. Prac. & Rem. Code § 30.014(a)): Plaintiff's name: [NAME]. If Plaintiff has been issued a driver's license, its last three numbers are [___]; otherwise ☐ no driver's license issued. If Plaintiff has been issued a Social Security number, its last three numbers are [___]; otherwise ☐ no Social Security number issued. Enter only the final three numbers of each issued identifier.

D.2 Discovery Level

Plaintiff intends to conduct discovery under [__ Level 1 / __ Level 2 / __ Level 3] of Tex. R. Civ. P. 190.

D.3 Jurisdiction and Venue

This Court has subject-matter jurisdiction; the amount in controversy exceeds the minimum jurisdictional limits of this Court. Venue is mandatory in [____________________] County under Tex. Civ. Prac. & Rem. Code § 15.011 because this suit is for foreclosure of a lien on real property situated in this County.

D.4 Lis Pendens

Plaintiff is filing a notice of lis pendens against the subject property in the real-property records of [____________] County contemporaneously with the filing of this petition (Tex. Prop. Code § 12.007).

D.5 Necessary and Permissive Defendants

• Necessary: the record owner of the subject property; the original contractor (if claimant is a subcontractor / supplier); any other lien claimant of record who could be affected by foreclosure.
• Permissive but recommended: all subordinate-lien holders, judgment-lien creditors, deed-of-trust beneficiaries, and tenants of record per a current title report.

D.6 Foreclosure Deadline Statement (§ 53.158)

The last day on which plaintiff could file the lien affidavit under § 53.052 was [__/__/____]. This suit is filed within one year of that date, as required by § 53.158(a). [If applicable: Plaintiff and the then-current record owner have executed a written agreement extending the limitations period to the second anniversary of the date of filing, recorded as Instrument No. [____________].]

D.7 Relief Requested

1. Judgment that plaintiff holds a valid mechanic's, contractor's, or materialman's lien on the subject property in the amount of $[____________], plus contractual and statutory interest.
2. Order of foreclosure and sale of the subject property by the sheriff or constable to satisfy the lien.
3. Personal judgment for breach of contract against the hiring party for $[____________].
4. Reasonable and necessary attorney's fees under Tex. Prop. Code § 53.156 and Tex. Civ. Prac. & Rem. Code § 38.001.
5. Costs of court and post-judgment interest.

Part E — Pre-Filing Checklist

☐ Original contract, change orders, purchase orders, invoices, and statements of account gathered and reconciled by month.
☐ Daily logs, delivery tickets, photographs, weather logs, and crew sign-in sheets preserved.
☐ Hiring chain documented from claimant through to the original contractor and owner.
☐ Project type confirmed (residential vs. non-residential; homestead vs. non-homestead) — affects deadlines and notice content.
☐ For a homestead claim, confirm the owner and contractor executed a written contract before work or materials began; both spouses signed if the owner is married; and the contract was recorded with the county clerk (§ 53.254(a)-(e)).
☐ For a homestead claim, put the statutory notice at the top of the first page of the lien affidavit in at least 10-point boldface (§ 53.254(f)); confirm any owner notice required by § 53.254(g).
☐ Original-contract effective date confirmed (pre- or post-1/1/2022) — determines which Chapter 53 version applies.
☐ Current record owner identified from a deed search or current title report (NOT just the hiring party).
☐ § 53.056 deadline calculated for each unpaid furnishing month: second month for residential; third month for other projects; delivery proof preserved.
☐ § 53.057 Retainage Notice sent (if claimant has contractual retainage) within 30 days of agreement completion / termination / abandonment.
☐ Last day to file the lien affidavit under § 53.052 calculated and diaried.
☐ Lien affidavit drafted to verbatim § 53.054 content.
☐ Property described by legal description (not just street address); APN/parcel attached.
☐ Lien amount audited — no inclusion of items not lienable (e.g., delay damages, lost-profit overhead beyond statute).
☐ Affidavit sworn before a Texas notary; original signature and seal.
☐ Affidavit filed with the county clerk of the county where the property is located; instrument number diaried.
☐ § 53.055 post-filing notice (with file-stamped copy of affidavit) sent by certified mail within 5 days of filing to owner (and original contractor if claimant is sub/supplier).
☐ Foreclosure deadline (1-year anniversary of last day to file under § 53.158(a)) calendared.
☐ Lis pendens drafted under § 12.007 for contemporaneous filing with foreclosure suit.
☐ Payment-bond search performed (§ 53.171 bond to discharge; § 53.201 et seq. payment bond claims; Ch. 2253 public-works bond if applicable).
☐ Trust-fund claim under Ch. 162 evaluated for personal liability of officers / directors of insolvent contractor.
☐ Lien-release form prepared in escrow for settlement.

Sources and References

• Tex. Prop. Code Ch. 53 (full text): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm
• Tex. Prop. Code § 53.052 (Filing of Affidavit): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.052
• Tex. Prop. Code § 53.054 (Contents of Affidavit): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.054
• Tex. Prop. Code § 53.056 (Notice of Claim): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.056
• Tex. Prop. Code § 53.158 (Limitations): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.158
• Texas Real Estate Research Center — Mechanic's & Materialman's Liens: https://trerc.tamu.edu/article/mechanics-and-materialmans-liens-2402/
• Texas Department of Licensing and Regulation (contractor registration): https://www.tdlr.texas.gov
• Texas Constitution Art. XVI, § 37: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm#16.37