Tex. Prop. Code § 53.052

Filing Of Affidavit

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 53.052. FILING OF AFFIDAVIT. (a) An original contractor claiming the lien must file an affidavit with the county clerk:

(1) for projects other than residential construction projects, not later than the 15th day of the fourth month after the month in which the original contractor's work was completed, terminated, or abandoned; or

(2) for residential construction projects, not later than the 15th day of the third month after the month in which the original contractor's work was completed, terminated, or abandoned.

(b) Except as provided by Subsection (c) or (d), a claimant other than an original contractor claiming the lien must file an affidavit with the county clerk not later than the 15th day of the fourth month after the later of:

(1) the month the claimant last provided labor or materials; or

(2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.

(c) A claimant other than an original contractor claiming a lien arising from a residential construction project must file an affidavit with the county clerk not later than the 15th day of the third month after the later of:

(1) the month the claimant last provided labor or materials; or

(2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.

(d) A claimant other than an original contractor claiming a lien for retainage must file an affidavit with the county clerk not later than the 15th day of the third month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned.

(e) An affidavit under this chapter must be filed in the county where the improvements are located. The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner. Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.

Acts 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 4, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 8, eff. January 1, 2022.

Notes of Decisions

Cited in 58 cases (10 in the last 5 years), 1986–2025 · leading case: Lyda Swinerton Builders, Inc. v. Cathay Bank

Sort: Relevance Newest Treatment

Lyda Swinerton Builders, Inc. v. Cathay Bank (2013) texapp · cites it 6× “For example, indebtedness to an original contractor13 accrues on the last day of a month during which either the contractor or the 13 The parties agree that the builder is an “original contractor” and this was an “original contract.”

Ready Cable, Inc. v. RJP Southern Comfort Homes, Inc. (2009) texapp · cites it 8× “See Tex. Prop.Code Ann. § 53.052 (West 2007).”

CVN Group, Inc. v. Delgado (2002) tex · cites it 2× “" [3] Tex. Prop.Code § 53.052(b) ("A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which…”

Liverman v. State (2015) texcrimapp · cites it 3× “Tex. Prop.Code § 53.052(a), (b) (person "claiming” a lien "must file an affidavit with the county clerk of the county in which the property is located”); Valdez, 842 S.”

Arias v. Brookstone, L.P. (2008) texapp · cites it 2× “TEX. PROP.CODE ANN. §§ 53.052, 53.056 (Vernon Supp.”

Cavazos v. Munoz (2004) txsd · cites it 6× “(currently at Tex. Prop. Code Ann. § 53.052 (b)). This requisite was effective only as to claims arising under contracts executed on or after September 1, 1997.”

Texas Wood Mill Cabinets, Inc. v. Butter (2003) texapp · cites it 4× “Tex. PROP.Code Ann. § 53.052(b) (emphasis added).”

Gibson v. Bostick Roofing and Sheet Metal Co. (2004) texapp · cites it 2× “See Tex.Prop.Code Ann. § 53.053(b). Bostick filed its affidavit of lien on March 4, 1994.”

Raymond v. Rahme (2002) texapp “Laws 4693 , 4694 (amended 1997) (current version at Tex. Prop.Code Ann. § 53.052(a) (West Supp.”

Weaver v. Jock (1986) texapp · cites it 2× “” Tex.Prop.Code Ann. § 53.052(c) (Vernon 1984).”

Gill Sav. Ass'n v. International Supply Co. Inc. (1988) texapp “See TEX. PROP.CODE ANN. § 53.052(c) (Vernon 1984).”

TDIndustries, Inc. v. NCNB Texas National Bank (1992) texapp · cites it 2× “TDI argues that the trial court erred in concluding that TDI’s affidavit of lien was not timely filed and was, therefore, invalid.”

Show all 58 citing cases →

— Tex. Prop. Code § 53.052(a) — 18 cases

Liverman v. State (2015) texcrimapp “Tex. Prop.Code § 53.052(a), (b) (person "claiming” a lien "must file an affidavit with the county clerk of the county in which the property is located”); Valdez, 842 S.”

Texas Wood Mill Cabinets, Inc. v. Butter (2003) texapp “Tex. PROP.Code Ann. § 53.052(b) (emphasis added).”

Raymond v. Rahme (2002) texapp “Laws 4693 , 4694 (amended 1997) (current version at Tex. Prop.Code Ann. § 53.052(a) (West Supp.”

Gibson v. Bostick Roofing and Sheet Metal Co. (2004) texapp “See Tex.Prop.Code Ann. § 53.053(b). Bostick filed its affidavit of lien on March 4, 1994.”

Ready Cable, Inc. v. RJP Southern Comfort Homes, Inc. (2009) texapp “See Tex. Prop.Code Ann. § 53.052 (West 2007).”

— Tex. Prop. Code § 53.052(b) — 5 cases

CVN Group, Inc. v. Delgado (2002) tex “" [3] Tex. Prop.Code § 53.052(b) ("A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which…”

Texas Wood Mill Cabinets, Inc. v. Butter (2003) texapp “Tex. PROP.Code Ann. § 53.052(b) (emphasis added).”

Detering Co. v. Green (1999) texapp

Sommers v. Aguirre (In re Santoyo) (2015) txsb

Consolidated Reinforcement, L.P. v. Ali Cheraif (2019) texapp

— Tex. Prop. Code § 53.052(c) — 7 cases

Ready Cable, Inc. v. RJP Southern Comfort Homes, Inc. (2009) texapp “See Tex. Prop.Code Ann. § 53.052 (West 2007).”

Weaver v. Jock (1986) texapp “” Tex.Prop.Code Ann. § 53.052(c) (Vernon 1984).”

Gill Sav. Ass'n v. International Supply Co. Inc. (1988) texapp “See TEX. PROP.CODE ANN. § 53.052(c) (Vernon 1984).”

Valdez v. Diamond Shamrock Refining & Marketing Co. (1992) tex

G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, and Kerry Graves D/B/A G Force Framing (2022) texapp

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.