FREQUENTLY ASKED QUESTIONSGeneral Pre-lien Notice Lien Affidavit Bond Claim Lien Release Notary and Filing
In the mechanics lien process, a lien release is a document filed with the Property Records Office which requests to remove a lien previously filed in a property. The lien release states the claim filed has been paid and releases any rights to file a new lien for the amount paid.
Texas Property Code indicates that a lien release should be filed with the County Property Records Office after the claim has been paid and no later than ten (10) days after the written request has been received. In other words, time does not start until the request to release a lien has been sent to the contractor/supplier in writing.You must also make sure all the checks given to you have been cleared and the debt is 100% satisfied before signing the lien release.
The County Property Records Office assigns a “Document number” to the lien previously recorded. This number must be included in the document along with the project address (and/or legal property description), the name and company information of the entity that had the lien filed and is now removing.If you created the lien affidavit with Texas Easy Lien, you will just need your Document number to create your lien release, all other information required has been saved with your project.
The lien release should be signed and notarized by the same person (contractor) who filed the mechanic’s lien.Preparing and filing the document itself can be done by the interested party (i.e. the project owner) or any other individual.
No. Depending on where you are the definition of a lien waiver changes. In most places, a lien waiver is a “receipt” that states the debtor (person who owes a balance) has paid in full the debt and that payment was accepted waiving right to place a lien on the property.A lien waiver is the document used before filing a lien.A lien release (or lien cancellation) is the document that releases a lien that has already been filed.
If you have been paid for the month you filed a lien on a property and you received the request to release the lien, then you should sign a lien release. However, if you are still owed for more months and filed a lien(s) for them as well, those liens should remain in place until the balance gets paid.