A Li's Pendent, also known as a Notice of Pending Litigation, is a legal document that provides public notice of a pending lawsuit involving real property. In Arlington, Texas, Li's Pendent is an important legal concept that impacts real estate transactions. It gives potential buyers or lenders a warning that a property is involved in a legal dispute, thereby affecting its marketability. Here is a detailed description of Arlington Texas Li's Pendent, outlining its significance, types, and implications. Li's Pendent in Arlington Texas acts as a safeguard for both buyers and sellers. When someone files a lawsuit concerning a property, they record a Li's Pendent in the county where the property is located. This filing alerts any interested parties about the existing legal dispute. The Notice of Pending Litigation includes the names of the parties involved, the description of the property, and the court where the lawsuit is filed. By publicizing the Li's Pendent, interested parties are given the opportunity to intervene if they have any interest in the property or if their rights might be affected by the lawsuit's outcome. Once recorded, a Li's Pendent is prioritized in the order of filing, creating a chain of notice that binds all subsequent parties. As a result, any subsequent buyers, lenders, or title searchers will have knowledge of the pending litigation. It is essential to note that not all Li's Pendent ultimately lead to a negative outcome. Some disputes are resolved, and the Li's Pendent will be lifted or withdrawn. However, until the lawsuit is resolved, the Li's Pendent remains on file, and it can significantly impact any attempts to sell or finance the property. In Arlington, Texas, there are no specific types of Li's Pendent, as the concept pertains to all pending litigation involving real estate. However, various types of legal disputes may lead to the filing of a Li's Pendent, such as: 1. Foreclosure Actions: When a property owner defaults on their mortgage payments, the lender may initiate foreclosure proceedings, which can result in a Li's Pendent filing. 2. Partition Actions: Joint owners of a property who wish to divide their interests or sell the property may file a partition action. This type of lawsuit can also lead to the recording of a Li's Pendent. In conclusion, Arlington Texas Li's Pendent is a crucial legal notice that discloses pending lawsuits involving real property in Arlington, Texas. It serves as a warning for prospective buyers, lenders, or individuals with interests in the property about an ongoing legal dispute. While it can hinder real estate transactions, it aims to protect the rights and interests of all parties involved. Understanding the implications of Li's Pendent is vital for anyone engaged in the real estate market in Arlington, Texas.
Arlington Texas Lis Pendens
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FAQ
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 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.
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 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.
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.
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).
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).
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.
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.