Texas Notice of Lis Pendens
Description
Key Concepts & Definitions
Notice of Lis Pendens is a legal notice filed against a property that is subject to a lawsuit that may affect the title or ownership of the property. It serves as a warning to potential buyers or creditors that there is litigation pending that might impact the property's ownership.
Step-by-Step Guide on Filing a Notice of Lis Pendens
- Identify the Property: Clearly identify the property involved in the litigation.
- Legitimate Grounds: Ensure there is a valid and ongoing legal case that affects property rights.
- Prepare the Notice: Draft the notice of lis pendens, including all necessary legal descriptions of the property and details of the lawsuit.
- File the Notice: File the document with the county recorder's office where the property is located.
- Serve the Notice: Notify all parties involved in the litigation of the lis pendens.
Risk Analysis
- Legal Risks: Incorrect filing can lead to disputes or dismissal of notice.
- Financial Risks: Potential devaluation of the property due to pending lawsuits.
- Reputational Risks: Public records of lis pendens can affect future dealings.
Best Practices
- Detailed Documentation: Ensure all documentation is thorough and accurate.
- Legal Consultation: Always consult a lawyer to avoid potential legal pitfalls.
- Timeliness: File and serve the notice promptly to safeguard interests.
Common Mistakes & How to Avoid Them
- Filing Without a Legitimate Case: Only file a notice if the lawsuit directly involves property rights to avoid legal consequences.
- Inaccurate Property Description: Ensure the legal description of the property is precise to avoid ineffective notices.
- Failing to Notify Interested Parties: Properly serve all parties to the action to ensure the notice is legally binding.
FAQ
- What is the impact of a notice of lis pendens on property sale? It can deter buyers and lenders until the litigation is resolved.
- Can a notice of lis pendens be removed? Yes, it can be removed if the lawsuit is settled or dismissed, or through a court order.
How to fill out Texas Notice Of Lis Pendens?
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FAQ
Technically, a homeowner can go ahead with selling a house under lis pendens, but it will likely be difficult to find a buyer particularly because a bank will not usually agree to loan money for the purchase.
Lis Pendens is a Latin term that means a pending lawsuit and is defined as a notice, recorded in the chain of title to real property required or permitted in some jurisdictions to warn all persons that certain property is the subject matter of litigation, and that any interest acquired during the pendency of the
A lis pendens is an official, public notice that a property has a pending lawsuit or claim attached to it. Lis pendens can only be filed if a claim is related specifically to the property; however, it specifies that the owner of the property must assume any litigation associated with it.
The requirements for filing a lis pendens are codified in the Texas Property Code. Only after a lawsuit has been filed, may a party to the action who is seeking affirmative relief file a lis pendens with the county clerk in the county where the property is located.
49 A notice of lis pendens may only be filed during the pendency of an action involving (1) title to real property, (2) the establishment of an interest in real property, or (3) the enforcement of an encumbrance against real property.
A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. When any document is recorded with the County Recorder, it puts the world on notice of its contents.
The lis pendens can be removed once the lawsuit is settled and the court has ruled on an outcome. It might also be resolved on its own if an agreement is reached between the title owner and whoever filed the complaint. If the claim was wrongfully filed, the lis pendens will be expunged.