Irving Texas Lis Pendens Lien

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

Category:

Texas Court Samples - Real Estate - Lis Pendens

State:

Texas

City:

Irving

Control #:

TX-C153

Format:

Instant download

This form is available by subscription

Description

Lis Pendens Lien

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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).

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.

Specifically, a court can expunge a lis pendens if the court finds ?adequate relief can be secured to the claimant by giving of an undertaking? (bond).

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 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.

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.

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.

Specifically, a court can expunge a lis pendens if the court finds ?adequate relief can be secured to the claimant by giving of an undertaking? (bond).

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Motion and released the lien and lis pendens on the property. Records Building - 500 Elm Street, Suite 2100, Dallas, TX 75202.Judgments in the State of Texas. Property at the time of the foreclosure. US District Court for the Western District of Texas - 852 F. Supp. I also have personal property that I cannot gain access to it is a travesty. Please help me. More. In contract disputes, the contractor may be attempting to enforce a recorded lien. If filed properly, a lis pendens protects the plaintiff in a lawsuit from any intervening liens on the property filed after the lis pendens. 1400 Williams Square West, 5205 N. O'Connor Blvd.

Irving Texas Lis Pendens Lien

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