Release Of Lis Pendens Texas Form Format In Houston

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

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

If someone has filed a Lis Pendens notice (which alerts others that there is a pending lawsuit involving a property), any party involved in the lawsuit can: Ask the court to remove the notice (e.g. Motion to Expunge). Notify all affected parties at least 20 days before the court hearing.

The County Clerk only requires an Affidavit of Death to make the transfer effective. You do not need additional proof of death to take ownership. However, you must give the title company a death certificate, obituary, or other acceptable document if you want to sell the property or use it as collateral.

To obtain copies of documents filed in the Real Property department, visit the Search Records page. When making requests we will need to know the owner name and legal description of the property. Please note that the legal description can be obtained from your tax statement.

Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. To ensure a legal change to the property title, you'll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed.

How to Complete a Texas Transfer-on-Death Deed Fill out the deed. Sign the deed in front of a notary public. Give the deed to the beneficiary. Upon your death, the beneficiary must provide proof of your death and file the deed with the county clerk's office in the county where the property is located.

In the Real Property Department of the Harris County Clerk's Office. The documents may be filed in person or by mail. If filing in person, a photo I.D. is required.

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.

Deed of Trust Liens: Non-Federal Beneficiary/Payee CIVIL PRACTICE & REMEDIES CODE §16.035: Deed of Trust lien becomes barred 4 years after the original or extended maturity date of the secured obligation.

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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Release Of Lis Pendens Texas Form Format In Houston