The court hearing the action may cancel the lis pendens at any time during the proceeding, whether in term time or vacation. Release or Withdrawal of a Lis Pendens and Suit.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. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. To show that a lien has officially been removed on a property, you have to file a document called a "lien release" in the real property records. A release of lis pendens under Texas law to provide notice to third parties that litigation is resolved and title to real property is no longer in controversy.