Constitutional Liens

Question 1

Homestead Requirements

Answer 1

1) must have a written contract;
2) sets forth terms of agreement;
3) executed before the material is furnished or labor performed; (4) signed by both spouses;
5) filed with the County Clerk.

Article 16, Sec 50(a)(5) and Tex Prop. Code 53.254.

Question 2

Additional requirements for homestead remodeling contract Article 16, Section 50(a)(5)(A)-(D).

Answer 2

1) four day waiting period after application for a loan; (2) three day out period of contract; (3) contract must be signed at at the office of the lender, an attorney, or a title company.

Question 3

Constructive Notice to Third Party Purchaser

Answer 3

When there are newly constructed improvements on the property, the purchaser is under a duty to determine whether there are any outstanding liens against the property.

Question 4

Burden of Proof of notice

Answer 4

Burden is on the purchaser to demonstrate that he did not have notice of the lien or claim.