Lien

A lien is a legal claim against real property. It can be voluntary (like a mortgage) or involuntary (like a tax lien). In Texas, a lien gives the creditor the legal right to force a foreclosure sale of the property if the underlying debt is unpaid.

Texas-Specific Nuance & Citation

Under the Texas Property Code Chapter 53, contractors, subcontractors, and materialmen are granted mechanic’s, contractor’s, or materialman’s liens (M&M liens) to secure payment for labor or materials. These are strictly regulated and must be filed according to precise statutory timelines.

The Trap

Many students assume that Texas homestead protections protect against all involuntary foreclosures. However, homestead property is not shielded from foreclosure on liens related to purchase money, home equity lines of credit, property taxes, or valid mechanic’s liens for improvements on the property.

Worked Example

A homeowner in San Antonio hires a contractor to build an in-ground pool but refuses to pay the final invoice. The contractor can file a valid mechanic’s lien against the homeowner’s property under the Texas Property Code, and this lien remains enforceable even though the home is the owner’s primary Texas homestead.