Filing A Lis Pendens In Texas In California
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Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.
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A lis pendens is a notice of a pending lawsuit which you have not sued yet to record a list pendens. "Lis pendens" literally translates from Latin as "suit pending.First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. This article will discuss the intended purpose of lis pendens notices and why Texas lawmakers should consider new ways to curb their frequent misuse. A lis pendens is not a mechanics lien, but it is often required as part of the lien process. Remember that a lis pendens is a notice of a pending lawsuit. A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. Yes you are going to have to draft the documents. It is not as simple as just filing a lien lis pendens. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation.
