Wichita Falls Texas Notice of Lis Pendens

State:
Texas
City:
Wichita Falls
Control #:
TX-JW-0135
Format:
PDF
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Description

Notice of Lis Pendens

The Wichita Falls Texas Notice of Li's Pendent is an important legal document filed with the county clerk's office to notify potential buyers or interested parties that a legal action is pending on a property. This notice serves as a public record and indicates that there is a dispute or lawsuit involving the property in question. The purpose of filing a Notice of Li's Pendent is to inform anyone who may be considering purchasing or dealing with the property about the ongoing litigation. In Wichita Falls, Texas, there are a few different types of Li's Pendent notices that can be filed, including: 1. Li's Pendent — This is the standard notice filed when a lawsuit is initiated, indicating that litigation is pending on the property. It is typically filed by the plaintiff to establish a public record of the dispute. 2. Li's Pendent Release — If a lawsuit is resolved or withdrawn, the plaintiff can file a Li's Pendent Release to remove the notice from the property record. This release serves as an acknowledgment that the legal action is no longer pending. 3. Li's Pendent Expungement — In some cases, a party may seek to expunge or remove a Li's Pendent notice from the property record if it is determined to be wrongful or improperly filed. This process involves proving that the notice was invalid or in error. The Wichita Falls Texas Notice of Li's Pendent is a crucial tool for property owners, buyers, and other interested parties to stay informed about any ongoing legal disputes involving real estate. It helps ensure transparency in the real estate market and protects the interests of both buyers and sellers in Wichita Falls. If you come across a property with a Notice of Li's Pendent, it is essential to seek legal advice and thoroughly research the details of the litigation before considering any transaction.

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FAQ

Under the Texas Property Code, lis pendens notices are only authorized when there is an underlying lawsuit on file that makes a claim involving: (1) title to the real property; (2) the establishment of an interest in the real property; or (3) enforcement of an encumbrance (e.g., a lien) against the real property.

Filing and Serving the Notice of Lis Pendens. File the notice of lis pendens: With the county recording office in the county where the real property is located. After filing the complaint in the litigation that directly involves the real property.

Registering a Lis Pendens: Where there is a dispute in relation to title and there is a High Court or Circuit Court case pending, a Lis Pendens can be registered in the Judgments Section of the Central Office of the High Court.

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

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.

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.

(1) An application for the registration of a lis pendens as a burden shall be made in Form 64. It shall be signed by the applicant or his/her solicitor and shall have endorsed a certificate of the existence of the cause or proceeding signed by the proper officer of the Central Office of the High Court.

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Wichita Falls Texas Notice of Lis Pendens