An East Texas based ready mix concrete supplier asked our TRADITION LIEN SERVICE division to record a TEXAS Residential Lien Affidavit (Texas Property Code §§ 55.001, 53.260) on existing residential home in Gilmer, TX within Upshur county. According to Wikipedia, Upshur county is named for Abel P. Upshur, who was U.S. Secretary of State during President John Tyler’s administration.
On Existing Residential projects TEXAS Property Code mandates that a General/Prime contractors and Subcontractors may file a notarized TEXAS Residential Lien Affidavit for a residential project after the 15th day of the month, three (3) months after the completion of providing equipment, labor, materials or services for a project. Record the lien with the clerk of the county in which the project is located. Cost to record a lien with the Upshur County Clerk’s office is $26 for the first page and $4 for each additional page. The office does accept out of state business checks. Make the check out to UPSHUR COUNTY CLERK. Include a self addressed stamped envelope.
Turn around time to record is 1-2 business days. Recorded liens and releases will be returned with one week.
Once a Residential Lien Affidavit is recorded, lien claimants must file suit to foreclose on the lien within one (1) year from date a lien was recorded or one (1) year from entire project completion date, whichever is later.