Legal Question in Real Estate Law in Texas

If I file a mechanic's lien on a property and I am first in line with a lien submittal, will the County Clerk office or other notify me when the property is being sold? Or do I depend on the new buyer to run a title search to hold the sale transaction until the lien is cleared? If the event the title search is not run by the buyer and seller does not disclose the lien, does the County have to or not have to notify me that the property is being sold and the lien should be paid off? Thx,

Asked on 11/30/16, 3:13 am

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

The county is not going to do anything. If the property is sold, the buyer will take subject to your lien. If the sale is financed through a commercial lender, the chances are 100% that a title search and insurance will be required and your lien will show up.

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Answered on 12/02/16, 11:04 am

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