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Tx Specific FinancingTx_homestead_and_lendingMEDIUM

A Texas homeowner wants to add an addition to the home. The contractor's total bid is $85,000. Which of the following must be completed BEFORE work begins for the contractor to have a valid mechanic's lien on the homestead?

Correct Answer

D) A written contract must be signed by the homeowner and the homeowner's spouse, if married

Under Texas Constitution Article XVI, Section 50(a)(5) and Texas Property Code §53.254, a mechanic's lien on a homestead requires a prior written contract signed by both spouses (if married) before work begins. This is a constitutional requirement for homestead protection.

Answer Options
A
The contractor must file a preliminary notice with the county clerk within 30 days of starting work
B
The homeowner must obtain written approval from the homeowners association
C
The contractor must obtain a written lien waiver from the mortgage company
D
A written contract must be signed by the homeowner and the homeowner's spouse, if married

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Related Topics & Key Terms

Key Terms:

mechanics_lienhomesteadprior_written_contractspousal_consent

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