Form Lis Pendens Foreclosure In Houston
Description
Form popularity
FAQ
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.
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.
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.
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.
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.
After a creditor wins a lawsuit for unpaid debt, there is a time limit for them to enforce the judgment. Judgments awarded in Texas to a non-government creditor are generally valid for ten years but can be renewed for longer. If a judgment is not renewed, it will become dormant.
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.
In a non-judicial foreclosure, after the 20-day "right to reinstate" period has expired and at least 21 days before the sale, the servicer must provider the borrower with a Notice of Sale, letting them know the date and earliest time of the sale.
If a lien is filed on your property and you believe the lien is wrongful, you, the property owner have a right to contest the lien. In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien.
