Corpus Christi Texas Lis Pendens Lien

Name: Corpus Christi Texas Lis Pendens Lien
Brand: US Legal Forms
Rating: 4.59 (273 reviews)

Category:

Texas Court Samples - Real Estate - Lis Pendens

State:

Texas

City:

Corpus Christi

Control #:

TX-C153

Format:

Instant download

This form is available by subscription

Description

Lis Pendens Lien

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A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.

Section 12.0071 of the Texas Property Code contains a specific procedure for expunging (i.e., removing) an invalid lis pendens notice. To trigger the procedure, the property owner must file a motion to expunge the lis pendens in the court where the underlying lawsuit is pending.

The notice of lis pendens may be cancelled only upon the order of the court, after showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded (Section 19, Rule 13, Amended Rules of Civil Procedure).

Lis Pendens is a Latin phrase that means ?suit pending.? The notice of a pending action or lis pendens involving a real property can be recorded in the Register of Deeds of the place where the property is located.

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 affected.

Duration of a 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. It terminates with the judgment, in the absence of an appeal.? Rosborough v. Cook, 108 Tex.

Legal Definition of lis pendens 1 : a pending suit. 2 : a written notice of a pending suit involving property usually filed in the appropriate office (as a registry of deeds) ? called also notice of pendency. 3a : the jurisdiction and control of the court over property involved in a pending suit.

No list pendens notice can be valid as constructive notice for more than 15 years unless it is re-recorded within 10 years after it was first recorded and the recording party serves a copy of the notice on the record owner within 30 days after it is re-recorded.

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.

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—Corpus Christi 1985, no writ), appeal after remand, 752 S.W.2d 614 (Tex. Case opinion for TX Court of Appeals APPELLANTS v.App.-Corpus Christi 2001, no pet.). 11. The tax lien is not extinguished in a bankruptcy. Pre-Foreclosure (Lis Pendens) Wooldridge, Corpus Christi, TX. remax. –Corpus Christi 1999, pet. denied). Case opinion for TX Court of Appeals NATIONAL CITY BANK OF INDIANA v. Many forms in Texas are not available in a fill-in-the-blank format. Extinguished with the expunction order on a notice of lis pendens. Pre-Foreclosure (Lis Pendens) Wooldridge, Corpus Christi, TX. remax.

Corpus Christi Texas Lis Pendens Lien

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