Filed Lis Pendens On In Houston

State:
Multi-State
City:
Houston
Control #:
US-00403BG
Format:
Word
Instant download

Description

The Released Lis Pendens form is crucial for parties in Houston who seek to officially cancel a previously recorded lis pendens notice. A lis pendens notifies interested parties about ongoing legal action that may affect the title of real property. This form serves as a formal declaration that the lis pendens is no longer in effect, providing clarity to future buyers or lenders. It requires specific details such as the recording information of the original lis pendens and the name of the clerk handling the cancellation. Completing the form ensures that the local land records accurately reflect the current status of the property in question. This document is particularly valuable for attorneys, partners, owners, associates, paralegals, and legal assistants, as it helps protect their clients' interests in real estate transactions. It is important to fill out the form accurately to avoid any legal complications, and users should verify all information before submission to the local clerk's office. Properly releasing a lis pendens is essential in facilitating smooth real estate dealings in Houston.

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FAQ

(b) 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 ...

Lis Pendens Texas Property Code “ 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. 364, 367, 194 S.W.

Lis Pendens Texas and Property Code Property Code Section 12.007(a) allows the party seeking relief to file a Lis Pendens during the pendency of an action involving title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property.

Impact on Property Sale The filing of a lis pendens effectively raises a red flag for potential buyers and lenders. This serves to notify them that the property's title is in question due to a pending lawsuit, thereby reducing its appeal.

How to Remove a Lis Pendens Notice in Texas Ask the court to remove the notice (e.g. Motion to Expunge). Notify all affected parties at least 20 days before the court hearing. Provide evidence with their request to remove the notice.

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.

A judgment is valid for 10 years after it is issued, and it can be enforced at any time within that time period. There are ways for a creditor to extend a judgment past that time, so if properly renewed, a creditor can seek to enforce the judgment and collect for many years even after the initial ten-year window.

A judgment lien lasts for ten years. Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.

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Filed Lis Pendens On In Houston