Copies of the lien affidavit must be sent within five days of filing the lien affidavit. Tex. Prop. Code § 53.055(a).
Cover Letter Sending Copy of Lien Affidavit
[For Use If Original Contract Entered Into before January 1, 2022]
[Date]
[Name and address of owner] Certified Mail No. [number]
Return Receipt Requested
[Name and address of original contractor] Certified Mail No. [number]
Return Receipt Requested
Re: Claim of [name of claimant] (“Claimant”); mechanic’s and materialman’s lien
[Salutation]
Enclosed is a copy of Claimant’s affidavit claiming a mechanic’s and materialman’s lien (“Affidavit”).
In accordance with the Texas Property Code, we notify you again that if the claim described in the Affidavit remains unpaid, the owner of the property described may be liable, unless the owner withholds payment from the contractor for the amount of the claim or it is otherwise settled or paid.
Claimant was forced to proceed with securing its lien rights because Claimant has not received payment from any source on the claim set forth in the Affidavit.
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Include the following if applicable. |
Previous written demand by Claimant for payment of this claim was made on [date]. No notice of dispute regarding this claim was submitted. Therefore, demand for payment of the claim amount is hereby made in accordance with section 53.083 of the Texas Property Code.
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Continue with the following. |
Please contact me on receipt of this letter so that we may discuss a prompt resolution of this matter.
Sincerely yours,
[Name of attorney]
Enc.