Texas - Legitimate Lien Threat?

[Delirious Nomad]

Quick question: Is this a legitimate lien?
Home located in Cypress, Texas / Harris County

Former property owner had some bathroom remodeling done in October of 2024 to sell his home.
Home was sold to me in December of 2024.
At the time of the sell/purchase, the title was clean, therefore the home sale went through fine.

Apparently, the former owner of the property did not like the work that was done and did not pay the contractor.
After much haggling, he agreed to pay partial, but refused to pay the final balance of $762.50.

Fastforward to February 2025.
I receive a certified letter from the glass company that did the work that they are going to file a lien on my property if the balance of $762.50 is not paid in full by the end of the month.

Is this a legal lien?
I have no contract with this glass company, but they claim that the lien is good on the property that they did the work on.

Any information would be greatly appreciated.

Thank you!

 

[adjusterjack]

I don't have the time or the inclination to look up Texas lien laws so I'll just give you general information.

Yes, they can file a lien on the property. The word "can" means the ability to do something not whether it's done rightly or wrongly. If they did file a lien they would have a time limit to perfect it with a lawsuit. If they failed to do so, or lost, you could have grounds for a lawsuit against them.

Unfortunately, that could be a costly mess.

It's a shame you didn't insist on paid receipts for the work as part of your inspection contingency.

Is it worth it to you to get a lawyer involved? Or just pay it and sue the seller in small claims court for indemnification? Or remind the business owner of the consequences of filing a bad lien? Or just pay it and let it go?

 

[Delirious Nomad]

I don't have the time or the inclination to look up Texas lien laws so I'll just give you general information.

Yes, they can file a lien on the property. The word "can" means the ability to do something not whether it's done rightly or wrongly. If they did file a lien they would have a time limit to perfect it with a lawsuit. If they failed to do so, or lost, you could have grounds for a lawsuit against them.

Unfortunately, that could be a costly mess.

It's a shame you didn't insist on paid receipts for the work as part of your inspection contingency.

Is it worth it to you to get a lawyer involved? Or just pay it and sue the seller in small claims court for indemnification? Or remind the business owner of the consequences of filing a bad lien? Or just pay it and let it go?

Thank you for your reply.
Yes, I realize anyone can file a lien...kinda like indicting a ham sandwich.

I will not be paying this just to let it go. I am willing to stand my ground based on principle.
I do not plan to move for another 18 years...if ever.
I'm told from a contractor friend that this would not be seen as a legitimate lien in the courts.

I can let this company file and address it if it ever becomes an issue...and then fight it out in the courts.

I could let the company know that I would not pay this and let them make the decision if it is worth it to them.
I am not sure it is worth it for the company to file a lien over $762 with the potential of having to justify it in a court of law.

I could also reach out to the original homeowner. He may not care, but he has no idea that the glass company is coming after me now. He is still friends with the neighborhood and may pay it to avoid the situation.

If I am confident this would not hold up as a legit lien in court, I am willing to fight it there.

 

[quincy]

Respond to the glass company that you did not contract with them. Their dispute is with the previous owner.

 

[Delirious Nomad]

Respond to the glass company that you did not contract with them. Their dispute is with the previous owner.

Thank you for the reply!
I did that already. They seem to believe that the lien is on the home and that it is now my responsibility. They are saying even though I they contracted with the old owner, the work was done at this property, so I am liable. That doesn't seem right, but I do not know the legal aspects of this situation.

 

[quincy]

Thank you for the reply!
I did that already. They seem to believe that the lien is on the home and that it is now my responsibility. They are saying even though I they contracted with the old owner, the work was done at this property, so I am liable. That doesn't seem right, but I do not know the legal aspects of this situation.

The debt belongs to the previous owner, however. The glass company cannot collect on a debt by attaching assets that are owned by someone else.

 

[Delirious Nomad]

The debt belongs to the previous owner, however. The glass company cannot collect on a debt by attaching assets that are owned by someone else.

Thank you so much!

 

[adjusterjack]

Read some of the following resources. Might be some wording in them that you can quote in a response to the contractor.

texas illegal contractor lien at DuckDuckGo

 

[quincy]

Thank you so much!

You’re welcome.

This doesn’t mean they won’t try to acquire a lien, although it shouldn’t be granted. And the glass company could have placed a lien on the property prior to its sale, the lien of which could have been satisfied with proceeds from the sale of the house. They just (apparently) did not act fast enough to secure a lien.

The glass company will have to find another way to collect from the previous owner what they are owed.

 

[Delirious Nomad]

Read some of the following resources. Might be some wording in them that you can quote in a response to the contractor.

texas illegal contractor lien at DuckDuckGo

Great resources. Thank you!

 

[Delirious Nomad]

You’re welcome.

This doesn’t mean they won’t try to acquire a lien, although it shouldn’t be granted. And the glass company could have placed a lien on the property prior to its sale, the lien of which could have been satisfied with proceeds from the sale of the house. They just (apparently) did not act fast enough to secure a lien.

The glass company will have to find another way to collect from the previous owner what they are owed.

Thank you so much!
This site has been helpful!
Thanks to all for the help!

 

[quincy]

Thank you so much!
This site has been helpful!
Thanks to all for the help!

We all appreciate the thanks so thank you.

I hope the glass company backs off soon.

Enjoy your new home.

 

[Taxing Matters]

Quick question: Is this a legitimate lien?
Home located in Cypress, Texas / Harris County

Is this a legal lien?
I have no contract with this glass company, but they claim that the lien is good on the property that they did the work on.

You don't need to have a contract with the contractor that did the work. Every state provides for some kind of lien typically called a mechanic's lien that allows those who do repair or improvement work on property to place a mechanics that attaches the property on which they worked if they are not paid for the work and materials they provided. The rules vary from state to state but in general the mechanic's lien doesn't last a very long time; e.g. 90 days, a year, etc. That gives the contractor time to sue to get paid. In this case the contractor would likely sue both you and the former owner of the property. Note that in Texas it is possible that the legal fees of the contractor would be added to the judgment should the contractor win. Also, that lien may well end up being picked up by the credit reporting companies, dinging your credit rating.

The Texas Bar has a booklet "An Introduction to Mechanic's Liens" that will provide a lot more detail on this. You do have the option of paying the contractor to avoid the lien and then sue the former owner to recover what you paid. You may be able to do that in small claims court.

You may also pay the contractor and simply add that cost to the income tax basis in the home which will reduce the gain you realize when you sell it later. Not as ideal as a full payment by the former owner but it at least provides you some benefit.

 

[quincy]

The statute on liens:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm

A person is entitled to a lien “if the person, under a contract with …”