Texas Property Code

§ 53.160 — SUMMARY MOTION TO REMOVE INVALID OR UNENFORCEABLE LIEN

PR § 53.160Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN · Art. G. RELEASE AND FORECLOSURE; ACTION ON CLAIM

Statute text

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(a)In a suit brought to foreclose a lien or to declare a claim or lien invalid or unenforceable, a party objecting to the validity or enforceability of the claim or lien may file a motion to remove the claim or lien. The motion must be verified and state the legal and factual basis for objecting to the validity or enforceability of the claim or lien. The motion may be accompanied by supporting affidavits.

(b)The grounds for objecting to the validity or enforceability of the claim or lien for purposes of the motion are limited to the following:

(1)notice of claim was not timely furnished to the owner or original contractor as required by Section 53.056 or 53.057;

(2)an affidavit claiming a lien failed to comply with Section 53.054 or was not filed as required by Section 53.052;

(3)notice of the filed affidavit was not furnished to the owner or original contractor as required by Section 53.055;

(4)the deadlines for perfecting a lien claim for retainage under this chapter have expired and the owner complied with the requirements of Section 53.101 and paid the retainage and all other funds owed to the original contractor before:

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 8, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 24, eff. January 1, 2022.