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 Tyler, TX within Smith County. According to Wikipedia, Smith County is named for James Smith, a general during the Texas Revolution.
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 Smith 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 SMITH 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.