Keywords: Harris Texas, Li's Pendent Notice, types Harris Texas Li's Pendent Notice, also known as a Notice of Li's Pendent, is a legal document filed with the county clerk's office in Harris County, Texas. It serves as a public notice of pending litigation concerning a specific property. By filing a Li's Pendent Notice, interested parties are informed that a legal dispute exists, affecting the ownership or title of the property in question. This notice puts prospective buyers or lenders on notice that they may become involved in the litigation and potentially face adverse effects on the property's ownership or value. In Harris County, Texas, there are primarily two types of Li's Pendent Notices regularly encountered: 1. Li's Pendent Notice — Foreclosure: This type of Li's Pendent Notice is filed in cases where a lender initiates foreclosure proceedings against the property owner. The notice includes the lender's claim of default by the property owner and signals the pending foreclosure action. It prevents any further sale or transfer of ownership until the foreclosure case is resolved. 2. Li's Pendent Notice — Lawsuit Affecting Title: This variation of a Li's Pendent Notice is filed when a legal dispute arises related to the ownership or title of a property. Such disputes may include boundary disputes, judgments, claims, or any other lawsuits potentially affecting the property's ownership rights. By filing this notice, any potential buyer or lender interested in the property is made aware of the pending lawsuit and the associated risks involved in purchasing or financing the property. Both types of Harris Texas Li's Pendent Notices aim to provide transparency and prevent the unsuspecting sale or transfer of a property under dispute. These notices effectively preserve the status quo until the resolution of the legal matter, ensuring that any interested party is notified and can actively participate in the litigation process if necessary. It is crucial for anyone interested in buying or financing a property in Harris County, Texas, to conduct a thorough title search and review the land records at the county clerk's office to identify any filed Li's Pendent Notices. This step helps potential buyers or lenders evaluate the associated risks before proceeding with the transaction. By adhering to the legal requirements of filing a Harris Texas Li's Pendent Notice, individuals can successfully assert their rights, protect their interests, and assert the validity of their claims over the property in question.
Harris Texas Lis Pendens Notice
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A notice of lis pendens, once duly registered, may be cancelled by the trial court before which the action involving the property is pending. This power is said to be inherent in the trial court and is exercised only under express provisions of law.
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.
A Lis Pendens Surety Bond is a type of judicial court bond where a Plaintiff seeks to prevent the sale or loan of property by the Defendant. This surety bond ensures that the plaintiff is filing the Lis Pendens in good faith and not under false claims.
If filed properly, a lis pendens protects the plaintiff in a lawsuit from any intervening liens on the property filed after the lis pendens. However, property owners may not be able to sell, obtain financing, or obtain title insurance until the lis pendens is removed.
For example, if buyer A and a seller enter into a contract for the sale of a home and the seller decides to sell the home to buyer B, buyer A may sue the seller to enforce the sale. The buyer can file a lis pendens, making it difficult for the seller to actually sell the house.
Latin for suit pending. Lis pendens is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.
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.
Latin for suit pending. Lis pendens is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.
Lis Pendens Releases A lis pendens filed on a real property's title informs parties with an interest in that real property that a lawsuit involving that property is pending. Lis pendens are like property liens, and they can make properties unmarketable or non-salable until they're removed.
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The Notice is the same document “in which I had requested the court to place the property before the court and to order Harris to pay for the costs such court action. The filing of the Notice of Pendent, the court having heard all parties arguments (including me, the Buyer, and the Seller), and having found that there was no cause to order Harris to pay, the court placed the property before the court. The Buyer did not request that the seller be ordered to pay any costs or attorneys fees. Because of the order that the Buyer was in compliance with the rules in paragraph 13(c)(2) regarding the handling of funds, the court was not required to render an opinion about the Seller's liability. But the court did make an independent determination that there was no cause to make an order imposing costs on the seller. In its ruling the court did explain the basis for its determination to order such fees and costs.
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