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.
Related questions and answers
All you need is for the signer to have access to a camera and a valid ID. You can use any device with a camera (desktop, tablet, or your phone).
A “Commercial Project (Private)” is any construction project that is not a residential project such as an office building, hospital, church, or store. This definition may include the construction of a tract home or multi family or condominium buildings. • Office Building • Apartment Complex • Duplex • Fourplex • Store • Car Dealership • Church • Spec Home • Subdivision Construction • Coffee Shop • Medical Complex/Hospital Other examples of commercial projects include: tract or pre-designed (spec) homes, apartments, condominiums that have not yet been purchased, dormitories, hotels, nunnery, nursing homes, assisted living, and other living space which is not actually owned by the person who is going to occupy it.
Also known as Pre-Lien Notice, Second Month Notice Letter, Third Month Notice Letter or Notice Letter, a Pre-lien Notice Letter is a notice that Contractors, Subcontractor and Sub-subcontractors and Suppliers are required to send to the construction project owner and general contractor to establish the right to file a lien in the event of non-payment. The purpose of these notices are to inform the owner that a subcontractor has performed work or supplied materials that have not been paid. By giving notice, the project owner is allowed to retain payment from the general contractor. These notices are bound by specific deadlines depending on the type of construction project and type of contractor. However, it is recommended that subcontractors send notice as soon as the amount owed is due so the project owner can withhold the debt amount prior to releasing the payment to the general contractor.
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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.