Sec. 53.157. DISCHARGE OF LIEN. An affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by:
(1) recording a lien release signed by the claimant under Section 53.152;
(2) failing to institute suit to foreclose the lien in the county in which the improvement is located within the period prescribed by Section 53.158, 53.175, or 53.208;
(3) recording the original or certified copy of a final judgment or decree of a court of competent jurisdiction providing for the discharge;
(4) filing the bond and notice in compliance with Subchapter H;
(5) filing the bond in compliance with Subchapter I; or
(6) recording a certified copy of the order removing the lien under Section 53.160, provided that no bond or deposit as described by Section 53.161 was filed by the claimant within 30 days after the date the order was entered.
Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 22, eff. January 1, 2022.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien
Subchapter G. Release and Foreclosure; Action on Claim
Section 53.151. Enforcement of Remedies Against Money Due Original Contractor or Subcontractor
Section 53.152. Release of Claim or Lien
Section 53.153. Defense of Actions
Section 53.155. Transfer of Property Sold
Section 53.156. Costs and Attorney's Fees
Section 53.157. Discharge of Lien
Section 53.158. Period for Bringing Suit to Foreclose Lien
Section 53.159. Obligation to Furnish Information
Section 53.160. Summary Motion to Remove Invalid or Unenforceable Lien