Comments for Kelly M. Davis & Associates, LLC - Dallas Construction Attorney

Comment on Law Changes: Lien Waivers and Retainage Notices by Kelly M. Davis Esq.

Kelly M. Davis Esq. — Mon, 06 Feb 2012 17:03:37 +0000

No they are not required to use them, and consequently if their forms don’t have the language the statute requires that may invalidate their contractual waivers.

Comment on Law Changes: Lien Waivers and Retainage Notices by Eric Garcia

Eric Garcia — Tue, 31 Jan 2012 23:14:23 +0000

Is the GC legaly bound to use the forms provided?

Comment on Foreclosure of Your Mechanic’s Lien by Kelly M. Davis Esq.

Kelly M. Davis Esq. — Mon, 17 Oct 2011 16:23:45 +0000

Because of trespassing laws I would not recommend doing so without getting a judgment on your lien granting foreclosure and allowing foreclosure of your “removeable” which would be your fence.

Comment on Foreclosure of Your Mechanic’s Lien by Toni C.

Toni C. — Tue, 11 Oct 2011 20:23:13 +0000

Our company installed a fence for a customer who now refuses to pay and won’t return any of our phone calls. We have filed an affidavit of lien. I wonder if it is legal in the state of Texas to remove the fence for non payment?

Comment on The Importance of Following Corporate Formalities by Christopher G. Hill

Christopher G. Hill — Thu, 14 Jul 2011 20:12:29 +0000

Thanks for the kind mention Kelly. I appreciate it and can see that you’re protecting your clients well.

Comment on Foreclosure of Your Mechanic’s Lien by Kelly M. Davis Esq.

Kelly M. Davis Esq. — Mon, 09 May 2011 15:00:56 +0000

We have to assume first that this is not a residential house that is their homestead. If it is a homestead you are unable to foreclose on your lien. Once you have gone through the foreclosure of the property and sell it at the Sherriff’s sale it is the purchaser of the property takes the property subject to all liens and is essentially responsible for the mortgage on the property. If you are unable to sell it at the sale to a third party and instead buy it yourself than you the mortgage is attached to the property. In my experience you probably have 1-2 months to locate a legitimate buyer and pay off the mortgage or to try and work out a deal with the mortgage company to assume the mortgage in your own name. Otherwise, the mortgage company will eventually foreclose themselves and take the property back.

Comment on Foreclosure of Your Mechanic’s Lien by Adam

Adam — Sat, 07 May 2011 13:48:46 +0000

I have a question? I want to foreclose on my materialman’s lien, but there is a 1st mortgage lien on the property. What will happen if I choose to foreclose my lien, and have the property auction at a sheriff sale?

Comment on Why You File Mechanics Liens by Scott Wolfe

Scott Wolfe — Wed, 08 Sep 2010 21:10:04 +0000

Thanks for the mention Kelly. The basic “why” behind mechanic lien laws is often overlooked. Just good to put it in the spot light here and there.

Comment on Foreclosure of Your Mechanic’s Lien by Julie

Julie — Thu, 05 Aug 2010 18:34:44 +0000

Sorry the field had “kelly” as the name but it was from me, Julie. Kelly, Please let me know what you think about the situation if the deed of trust on the mechanics lien makes a difference on statue of limitations.

Comment on Does Your Work Meet the Requirements for a Mechanic’s Lien? by How to remove a mechanics lien

How to remove a mechanics lien — Wed, 04 Aug 2010 15:59:33 +0000

[...] or the lien, or did not fit the definition of a service which qualifies for a lien (see blog post Does your work fit the requirements for a mechanic’s lien), etc., the process is relatively simple but can sometimes be a lengthy time before you actually [...]