Texas Property Code

§ 53.122 — EQUALITY OF MECHANIC'S LIENS

PR § 53.122Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN · Art. F. PRIORITIES AND PREFERENCES

Statute text

View on source

(a)Except as provided by Subchapter E and Section 53.124(e), perfected mechanic's liens are on equal footing without reference to the date of filing the affidavit claiming the lien.

(b)If the proceeds of a foreclosure sale of property are insufficient to discharge all mechanic's liens against the property, the proceeds shall be paid pro rata on the perfected mechanic's liens on which suit is brought.

(c)This chapter does not affect the contract between the owner and the original contractor as to the amount, manner, or time of payment of the contract price.

Legislative history

Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 851, Sec. 4, eff. Sept. 1, 1995.