Edinburg Texas Li's Pendent Lien is a legal term used to describe a notice of pending litigation against a property located in Edinburg, Texas. It is a public record that alerts potential buyers and lenders that there is a legal claim against the property. Li's Pendent, which translates to "lawsuit pending" in Latin, is a document filed in the county clerk's office where the property is located. It serves as a legal notification to future purchasers or lenders that there is ongoing litigation over the property. This ensures that interested parties are aware of any potential claims before completing any transactions related to the property. There are different types of Li's Pendent Liens that may apply in Edinburg, Texas: 1. Mechanic's Lien: A mechanic's lien may be filed by contractors, subcontractors, or suppliers who have not been paid for their services or materials provided for a construction project in Edinburg, Texas. This lien can be filed to secure the unpaid amount and may result in foreclosure if the debt remains unpaid. 2. Tax Lien: When property taxes are not paid in Edinburg, Texas, the local tax authority may file a tax lien against the property. This lien allows the government to claim the unpaid taxes and, if necessary, start the foreclosure process. 3. Judgment Lien: If a court awards a monetary judgment against a property owner in Edinburg, Texas, the creditor can file a judgment lien against the property as a way to ensure payment of the debt. This lien can hinder the property owner's ability to sell or refinance the property until the debt is satisfied. 4. HOA Lien: Homeowner's associations (Has) in Edinburg, Texas can file a lien against a property if the homeowner fails to pay their required HOA fees or violates the association's rules and regulations. This lien gives the HOA the right to initiate foreclosure proceedings to recover the unpaid dues. It is essential for potential buyers, sellers, and lenders to be aware of the existence of any Edinburg Texas Li's Pendent Lien and understand its impact on the property's title. Consulting with a real estate attorney or title company is advisable to fully comprehend the implications and possible resolutions associated with a Li's Pendent Lien.
Edinburg Texas Lis Pendens Lien
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How to fill out Edinburg Texas Lis Pendens Lien?
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FAQ
Cancellation of lis pendens ? Before final judgment, a notice of lis pendens may be cancelled upon order of the court, after proper 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 registered.
A lis pendens has no life of its own apart from the lawsuit that underlies it. ?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.
Lis Pendens filed by Texas Lawyers A Lis Pendens is a formal document drafted to give constructive notice to the public at large that a lawsuit pending that could affect whether or not the owner of the real estate has the right to sell it, lease it, or put it up as collateral for a loan.
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.
A lis pendens can only be removed with the consent of the person who registered it, or by obtaining a court order under Section 123 of the 2009 Act.
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.
A lis pendens may be released voluntarily by the party filing the notice of lis pendens or it may be cancelled or expunged by court order after a motion is made by a party to the litigation.
Notice of lis pendens ? In an action affecting the title or the right of possession of real property, the plaintiff and the defendant, when affirmative relief is claimed in his answer, may record in the office of the registry of deeds of the province in which the property is situated a notice of the pendency of the
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.
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.
