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Real property


A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.

There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.

In Texas, a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is the mechanic's lien, which contractors, subcontractors, or suppliers can file against a property if they have not been paid for work done or materials provided. To enforce a mechanic's lien, the claimant must follow specific procedures, including filing a lien affidavit with the county clerk's office in the county where the property is located, typically within a certain time frame after the work was completed or the materials were supplied. Homeowners' associations (HOAs) in Texas also have the right to place liens on properties within their jurisdiction for unpaid dues or assessments. These liens can be foreclosed upon if the homeowner fails to pay the debt. Texas Property Code provides detailed regulations on how liens are to be filed, the required notices, and the enforcement process. It is important for property owners and those seeking to place a lien to understand these regulations to ensure that their rights are protected.

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