Lis Pendens Requirements In Texas
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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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Content and Recording of a Lis Pendens. The court where the case is pending; The names of the parties involved; The type of legal proceeding; A description of the property affected.The Texas Property Code requires that the name of the case and the case number be included in the lis pendens. A notice of a lis pendens (Latin for "suit pending") is an instrument filed in the real property records of a county that indicates a civil lawsuit is pending. According to Texas courts, the lis pendens notice must be based on a direct claim to the property. (c) The county clerk shall record the notice in a lis pendens record. Lis Pendens is a Latin term meaning "pending lawsuit. Only a party that asserts direct interest in the real property can qualify for a lis pendens. Texas Property Code - PROP § 12.0071. Fill in the blank form formatted to comply with all recording and content requirements.
