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Lis Pedens FAQ

The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.

A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. When any document is recorded with the County Recorder, it puts the world on notice of its contents.

49 A notice of lis pendens may only be filed during the pendency of an action involving (1) title to real property, (2) the establishment of an interest in real property, or (3) the enforcement of an encumbrance against real property.

The requirements for filing a lis pendens are codified in the Texas Property Code. Only after a lawsuit has been filed, may a party to the action who is seeking affirmative relief file a lis pendens with the county clerk in the county where the property is located.

A lis pendens is an official, public notice that a property has a pending lawsuit or claim attached to it. Lis pendens can only be filed if a claim is related specifically to the property; however, it specifies that the owner of the property must assume any litigation associated with it.

Lis Pendens is a Latin term that means a pending lawsuit and is defined as a notice, recorded in the chain of title to real property required or permitted in some jurisdictions to warn all persons that certain property is the subject matter of litigation, and that any interest acquired during the pendency of the

Technically, a homeowner can go ahead with selling a house under lis pendens, but it will likely be difficult to find a buyer particularly because a bank will not usually agree to loan money for the purchase.

Notice Of Lis Pendens

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