Tex. Property Code § 53.123

This is the official text of Tex. Property Code § 53.123, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.

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§ 53.123. PRIORITY OF MECHANIC'S LIEN OVER OTHER LIENS.

Official statutory text

(a) Except as provided by this section, a mechanic's lien attaches to the house, building, improvements, or railroad property in preference to any prior lien, encumbrance, or mortgage on the land on which it is located, and the person enforcing the lien may have the house, building, improvement, or any piece of the railroad property sold separately.

(b) The mechanic's lien does not affect any lien, encumbrance, or mortgage on the land or improvement at the time of the inception of the mechanic's lien, and the holder of the lien, encumbrance, or mortgage need not be made a party to a suit to foreclose the mechanic's lien.

Status: in_force · Read it on the official government site

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