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Texas - El Paso County Preliminary Notice to Owner and Original Contractor Form

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

El Paso County Preliminary Notice to Owner and Original Contractor Form Page 1
Preliminary Notice to Owner and Original Contractor 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 Preliminary Notice to Owner and Original Contractor Guide Page 1
Preliminary Notice to Owner and Original Contractor Guide - El Paso County
Line by line guide explaining every blank on the form.
Included | Document last updated 10/2/2017

El Paso County Completed Example of the Preliminary Notice to Owner and Original Contractor Document Page 1
Completed Example of the Preliminary Notice to Owner and Original Contractor Document - El Paso County
Example of a properly completed form for reference.
Included | Document last updated 10/2/2017

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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    • Forms are available immediately after submitting payment.
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    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
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    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • 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 Preliminary Notice to Owner and Original Contractor.
    • A guide that explains every blank on the Preliminary Notice to Owner and Original Contractor Form.
    • A completed example of the Preliminary Notice to Owner and Original Contractor 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 Preliminary Notice to Owner and Original Contractor?

Texas Third Month Notice

Under Texas lien law, all claimants other than the original contractor must provide preliminary notice to establish a claim for a valid mechanic’s lien. TEX. PROP. CODE §53.056(a).

A mechanic’s lien is an encumbrance on an owner’s title, used to guarantee payment to builders, contractors, and construction businesses which build or repair structures, by using the property where the work was completed as a form of collateral. Suppliers of materials and subcontractors may also claim a mechanic’s lien. The lien ensures that the workmen are paid before anyone else if the property subject to the lien is eventually foreclosed upon.

Texas requires prelien notice to be served on the owner and other interested parties before filing and recording a mechanic’s lien. The type of project (whether residential or commercial) determines what kind of prelien notice must be served. Prelien notices serve two purposes: to protect the interests of subcontractors and suppliers, and to give property owners a defense against having to pay twice for parts of the same project.

If the lien claim arises from a debt incurred by the original contractor, the claimant must give notice to the owner or reputed owner, with a copy to the original contractor, in accordance with §53.056(b). TEX. PROP. CODE §53.056(c). The document identifies the parties, the project, date and type of service/materials, amount billed, and balance due. Attach an invoice to clarify more specific details.

Deliver the notice to the original contractor must be given no later than the 15th day of the second month following each month in which all or part of the claimant’s labor was performed or material delivered. Id. This notice is also known as a “Second Month Notice.” The claimant must give the same notice to the owner or reputed owner and the original contractor NO LATER than the 15th day of the third month following each month in which all or part of the claimant’s labor was performed or material or specially fabricated material was delivered. Id. This notice is called a “Third Month Notice.”

The notice must be sent by registered or certified mail and must be addressed to the original contractor at his or her last known business or residence address. TEX. PROP. CODE §53.056(e).

Remember that each case is unique and the mechanic’s lien law in Texas can be complicated and unforgiving of mistakes. Therefore, contact an attorney for complex situations, with specific questions the required preliminary notice, or any other issue related to mechanic’s liens.

Areas covered by these Preliminary Notice to Owner and Original Contractor Forms:
  • El Paso County
Including:
  • Anthony
  • Canutillo
  • Clint
  • El Paso
  • Fabens
  • Fort Bliss
  • San Elizario
  • Tornillo
 
Included El Paso County Preliminary Notice to Owner and Original Contractor Forms
 
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