Lis Pendens Requirements In Harris

State:
Multi-State
County:
Harris
Control #:
US-00403BG
Format:
Word
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Description

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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Section 12.002 - Liability (a) A person may not make, present, or use a document or other record with: (1) knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property; (2) intent that the document or ...

Except as otherwise provided by law, a last will and testament must be: (1) in writing; (2) signed by: (A) the testator in person; or (B) another person on behalf of the testator: (i) in the testator's presence; and (ii) under the testator's direction; and (3) attested by two or more credible witnesses who are at least ...

Generally speaking, a valid Texas deed must include all of the following: the names of the grantor and grantee involved in the transaction, their intent to convey the property, a sufficient description of the property to be conveyed, and it finally must be signed by the grantor and delivered to the grantee.

Section 12.0071 - Motion to Expunge Lis Pendens (a) A party to an action in connection with which a notice of lis pendens has been filed may: (1) apply to the court to expunge the notice; and (2) file evidence, including declarations, with the motion to expunge the notice.

A lis pendens has no life of its own apart from the lawsuit that underlies it. If there is no lawsuit, there can be no valid lis pendens. “A lis pendens operates only during the pendency of the underlying suit, and only as to those matters that are involved in the suit.

(b) The party filing a lis pendens or the party's agent or attorney shall sign the lis pendens, which must state: (1) the style and number, if any, of the proceeding; (2) the court in which the proceeding is pending; (3) the names of the parties; (4) the kind of proceeding; and (5) a description of the property ...

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If the document you are filing is from a Texas court, it must be a complete original court-issued certified copy. The requirements for filing a lis pendens are codified in the Texas Property Code.The first requirement is that there has to be a direct claim against the property subject to the lis pendens. When using these Lis Pendens Release forms, the subject real estate must be physically located in Harris County. (c) The county clerk shall record the notice in a lis pendens record. The Texas Property Code requires that the name of the case and the case number be included in the lis pendens. A lis pendens notice is recorded in the chain of title to real property to warn all persons that certain property is the subject matter of litigation.

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Lis Pendens Requirements In Harris