Texas Property Code 62.025 – Contents of Notice of Lien
Terms Used In Texas Property Code 62.025
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: means a calendar month. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Year: means 12 consecutive months. See Texas Government Code 311.005
The notice of lien must be signed by the broker or by a person authorized to sign on behalf of the broker and must contain the following:
(1) a sworn statement of the nature and amount of the claim, including:
(A) the commission amount or the formula used to determine the commission;
(B) the type of commission at issue, including a deferred commission; and
(C) the month and year in which the commission was earned;
(2) the name of the broker and the real estate license number of the broker;
(3) the name as reflected in the broker’s records of any person who the broker believes is obligated to pay the commission under the commission agreement;
(4) the name as reflected in the broker’s records of any person the broker believes to be an owner of the commercial real estate interest on which the lien is claimed;
(5) a description legally sufficient for identification of the commercial real estate interest sought to be charged with the lien;
(6) the name of any cooperating broker or principal in the transaction with whom the broker intends to share the commission and the dollar or percentage amount to be shared; and
(7) a copy of the commission agreement on which the lien is based.