Is a release of lien from a supplier valid if signed by a "credit analyst"?
Full Question:
Is a release of lien from a supplier valid if signed by a "credit analyst"? Our major supplier of materials executes releases of lien to us with the signature of a "credit analyst" despite the fact we clearly ask for an officer to sign the document.
06/11/2007 |
Category: Real Property ยป Liens |
State: Texas |
#6331
Answer:
The answer depends on the authority of the analyst to sign on behalf of the company. Please see:
http://definitions.uslegal.com/a/agency/
The following is Texas law:
Release of Claim or Lien:When a debt for labor or materials is satisfied or paid by collected funds, the person who furnished the labor or materials shall, not later than the 10th day after the date of receipt of a written request, furnish to the requesting person a release of the indebtedness and any lien claimed, to the extent of the indebtedness paid. An owner, the original contractor, or any person making the payment may request the release.
A release of lien must be in a form that would permit it to be filed of record.§ 53.152. See Form TX-05-09 or TX-05A-09
