Sec. 53.157. DISCHARGE OF LIEN. 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.
Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 22, eff. January 1, 2022.
Notes of Decisions
Cited in
17
cases (
4 in the last 5 years), 1999–2025 · leading case:
Stolz v. Honeycutt, 42 S.W.3d 305 (Tex. App. 2001).
Stolz v. Honeycutt, 42 S.W.3d 305 (Tex. App. 2001).
“See Tex.Prop.Code Ann. §§ 53.157, 53.171(a). See also Kelley v.”
in Re: Graybar Elec. Co., Inc., Mira Enter., Inc., & Mark Stallings, Inc. (Tex. App. 2008).
· cites it 3× “By two issues in its first interlocutory appeal, cause number 13-08-00294-CV, (1) Graybar contends that the trial court abused its discretion in denying its motion because: (1) the trial court did not have jurisdiction under the Texas Property Code, see Tex. Prop. Code Ann. §…”
In Re Ascendant Holdco, LLC & David Kulkarni v. the State of Texas (Tex. App. 2025).
“See Tex. Prop. Code Ann. § 53.157 (2). The Kummers argue Ascendant and Kulkarni failed to carry their burden to demonstrate that venue is proper in both counties, that it is feasible to join Kristen Kummer in the employment lawsuit in Harris County, and that the two lawsuits…”
— Tex. Prop. Code § 53.157(2) — 1 case
— Tex. Prop. Code § 53.157(4) — 1 case
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