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Tex. Prop. Code § 53.157

DISCHARGE OF LIEN

Applied in 6 court decisions — leading case Apex Financial Corp. v. Brown (1999)

Most recently applied in Shell Western E & P, Inc. v. Pel-State Bulk Plant, LLC (October 2016)

Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff

How often courts cite this section

199920002010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.