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Texas - El Paso County Affidavit of Lien Form

Deed Form Available For Download All El Paso County specific forms listed below are included in your immediate download:

El Paso County Affidavit of Lien Form Page 1
Affidavit of Lien Form - El Paso County
Fill in the blank form formatted to comply with all recording and content requirements.
Included | Document last updated 10/4/2017

El Paso County Affidavit of Lien Guide Page 1
Affidavit of Lien Guide - El Paso County
Line by line guide explaining every blank on the form.
Included | Document last updated 10/3/2017

El Paso County Completed Example of the Affidavit of Lien Document Page 1
Completed Example of the Affidavit of Lien Document - El Paso County
Example of a properly completed form for reference.
Included | Document last updated 10/4/2017

Notary Certificates
Notary Certificates *
Included supplemental form
The supplemental forms in this section can be used as loose certificates by Texas notaries.

*Supplemental forms (forms other than the actual deed form) are made available as a courtesy with your order. Supplemental forms come directly from the state or local jurisdiction that requires them, we offer no support for the supplemental forms, we did not make them.
Frequently Asked Questions:
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  • Are these forms guaranteed to be recordable in El Paso County?
    • Yes. Our form blanks are guaranteed to meet and exceed all formatting requirements set forth by El Paso County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
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    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • What is included in the download?
    • A fill in the blank form used to create your Affidavit of Lien.
    • A guide that explains every blank on the Affidavit of Lien Form.
    • A completed example of the Affidavit of Lien to give you an idea of what a properly completed document looks like.
    • All supplemental forms that may be required by El Paso County when recording your document.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

What is the Texas Affidavit of Lien?

An affidavit is a sworn statement of fact, in writing, made by an affiant under oath or affirmation, administered by a person lawfully authorized (such as a notary public). In this case, the affiant states that labor or equipment was furnished by the lien claimant and the balance owed remains unpaid. The affidavit is not a lien, but sets out sworn facts based on personal knowledge, that when recorded, will later become the lien. It is a necessary step to perfect (make effective against third parties) the lien.

To claim a lien for a commercial job, the affiant 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 fourth calendar month after the day on which the indebtedness accrues. TEX. PROP. CODE §53.052(a).

Note that for residential construction projects, the claimant must file the affidavit with the county clerk no later than the 15th day of the THIRD (3rd) calendar month after non-payment of the invoice. TEX. PROP. CODE §53.052(b).

The affidavit must substantially comply with the Texas Property Code. Therefore, the it must contain: 1) a signature by the person claiming the lien or by another person on the claimant’s behalf; 2) a sworn statement of the amount of the claim; 3) the name and last known address of the owner or reputed owner; 4) a general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested; 5) the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor; 6) the name and last known address of the original contractor; 7) legally sufficient description of the property to be charged with the lien; 8) the claimant’s name, mailing address, physical address (if different); and 9) for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent. TEX. PROP. CODE §53.054(a). Leave out amounts not related to the value of materials or labor furnished (such as attorney’s fees), as these can void the entire lien claim.

When recording the affidavit, attach a copy of any applicable written agreement or contract and a copy of each notice sent to the owner. TEX. PROP. CODE §53.054(b). This is good practice and can help prove the claim by creating a paper trail. The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated and the affiant may use any abbreviations or symbols that are customary in your trade. TEX. PROP. CODE §53.054(c).

After the affidavit is properly recorded it must be served. Send a copy of the affidavit by registered or certified mail to the owner (or reputed owner) at the owner’s last known business or residence address not later than the fifth (5th) day after the date the affidavit is filed with the county clerk. TEX. PROP. CODE §53.055(a). If the claimant is not an original contractor, they must also send a copy of the affidavit to the original contractor at the original contractor’s last known business or residence address within the same period. TEX. PROP. CODE §53.055(b).

Each case is unique, and the Texas lien law is complex, so contact an attorney with specific questions or for complex situations.

Areas covered by these Affidavit of Lien Forms:
  • El Paso County
Including:
  • Anthony
  • Canutillo
  • Clint
  • El Paso
  • Fabens
  • Fort Bliss
  • San Elizario
  • Tornillo
 
Included El Paso County Affidavit of Lien Forms
 
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