I would say your first difficulty will be proving the abandonment of a homestead. It is sometimes difficult to prove. Abandonment takes place when use is discontinued and there is no intent to use the property again as a home. Mere intent unaccompanied by actual discontinuance of use is not enough. Likewise, temporary absence, such as renting another home for a short while, is insufficient.
Time is off the essence there are important dates you will need to follow. I have attached a link to a pamphlet the Texas Bar puts out "An Introduction to Mechanics Liens." But in short You will need to:
1. Send “Notice of Contractual Retainage Agreement” and possibly “Notice of Specially Fabricated Materials”
2. After provided the required notices you must now file an Affidavit of Mechanics’ Lien in order to collect money from the owner. It must be filed in the real property records of the County Clerk’s office in the county in which the owner’s property is located.
3. You will then need to send a copy of the lien affidavit to the owner within 5 days following the date the lien affidavit is recorded with the county clerk.
4. You will then have 4 years to file a suit to foreclose on the property.
Hope this helps
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