Upshur County Preliminary Notice to Owner and Original Contractor Form (Texas)

All Upshur County specific forms and documents listed below are included in your immediate download package:

Preliminary Notice to Owner and Original Contractor Form

Upshur County Preliminary Notice to Owner and Original Contractor Form

Fill in the blank Preliminary Notice to Owner and Original Contractor form formatted to comply with all Texas recording and content requirements.
Included Upshur County compliant document last validated/updated 4/1/2024

Preliminary Notice to Owner and Original Contractor Guide

Upshur County Preliminary Notice to Owner and Original Contractor Guide

Line by line guide explaining every blank on the Preliminary Notice to Owner and Original Contractor form.
Included Upshur County compliant document last validated/updated 11/18/2024

Completed Example of the Preliminary Notice to Owner and Original Contractor Document

Upshur County Completed Example of the Preliminary Notice to Owner and Original Contractor Document

Example of a properly completed Texas Preliminary Notice to Owner and Original Contractor document for reference.
Included Upshur County compliant document last validated/updated 12/13/2024

When using these Preliminary Notice to Owner and Original Contractor forms, the subject real estate must be physically located in Upshur County. The executed documents should then be recorded in the following office:

Upshur County Clerk

Courthouse - 215 N Titus St, 2nd floor / PO Box 730, Gilmer, Texas 75644

Hours: Monday - Friday 8:00am - 12:00 & 1:00 -4:30pm

Phone: (903) 843-4015

Local jurisdictions located in Upshur County include:

  • Big Sandy
  • Diana
  • Gilmer
  • Ore City

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Upshur County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Upshur County using our eRecording service.
Are these forms guaranteed to be recordable in Upshur County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur County including margin requirements, content requirements, font and font size requirements.

Can the Preliminary Notice to Owner and Original Contractor forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Upshur County that you need to transfer you would only need to order our forms once for all of your properties in Upshur County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Texas or Upshur County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Upshur County Preliminary Notice to Owner and Original Contractor forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

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.

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.

Can I save the completed form, email it to someone?

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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.

Our Promise

The documents you receive here will meet, or exceed, the Upshur County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Upshur County Preliminary Notice to Owner and Original Contractor form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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