The notice of lis pendens must be filed in the real property records.(Sect. 12.008 Texas Property Code).Can an attorney in Texas file a LIS PENDENS, to collect earnest money? If so, under what circumstances? Lis Pendens, meaning "pending lawsuit" in Latin, is a public notice indicating ongoing litigation involving real property. A lis pendens is a notice of pending litigation. It constitutes constructive notice of any claims in the suit as to the land. A Lis Pendens is a written notice recorded in the recorder's office in the county where the real estate is located. A party filing a quiet title action may need to file a lis pendens, which effectively notifies all third parties that there is a dispute related to the title. Lawyer referral for you.