Filing A Lis Pendens In Texas In Harris

State:
Multi-State
County:
Harris
Control #:
US-00403BG
Format:
Word
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Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

Parties without lawyers can also file case documents in person at the Court during normal business hours or by mail. Most case documents are posted to the Court's website, except clerk's records, reporter's records, and sealed documents. You can search for your case at search.txcourts/.

Filing Your Case Online E-filing is a way of filing court documents electronically, without having to send in paper copies to the clerk's office. Texas's eFileTexas site uses guided interviews to help you create your forms. The website will ask you certain questions and use your answers to build your forms.

To file a Lis Pendens in Texas, the party initiating the lawsuit must follow procedures outlined in the Texas Property Code. This includes submitting a declarative affidavit to the county clerk's office where the property is located. The affidavit must generally contain: Names of the parties involved.

Small Claims Cases in Texas Justice courts provide a more informal setting than the higher-level courts, so parties will often represent themselves rather than hiring an attorney. The limit to the amount that a person can sue for in small claims cases is $20,000.

As a general rule, a suit in Justice Court must be brought in the county and in the Justice of the Peace precinct in which the defendant resides; in the county and Justice of the Peace precinct where the incident that gave rise to the claim occurred; the county and Justice of the Peace precinct where the contract, if ...

A lis pendens has no life of its own apart from the lawsuit that underlies it. If there is no lawsuit, there can be no valid 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.

Contact the Harris County clerk's office to get the required form, or check out Texas Easy Lien online options. Once you've collected the information listed above, follow these steps: Fill out the form completely. Attach a copy of your contract, if relevant.

Section 12.0071 - Motion to Expunge Lis Pendens (a) A party to an action in connection with which a notice of lis pendens has been filed may: (1) apply to the court to expunge the notice; and (2) file evidence, including declarations, with the motion to expunge the notice.

Section 12.002 - Liability (a) A person may not make, present, or use a document or other record with: (1) knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property; (2) intent that the document or ...

Except as otherwise provided by law, a last will and testament must be: (1) in writing; (2) signed by: (A) the testator in person; or (B) another person on behalf of the testator: (i) in the testator's presence; and (ii) under the testator's direction; and (3) attested by two or more credible witnesses who are at least ...

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Filing A Lis Pendens In Texas In Harris