Filing A Lis Pendens In Texas In King
Description
Form popularity
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.
A release of lis pendens under Texas law to provide notice to third parties that litigation is resolved and title to real property is no longer in controversy.
A lis pendens does not have a statute of limitations per se. All a lis pendens is, is a notice to the "world" (assuming it is properly recorded with the appropriate recorder's office) that there is pending litigation which could affect title of the property.
Preparing and Filing a Petition with the Court The petition outlines the basis of your claim to the property, provides a detailed description of the property, identifies all potential claimants, and states the grounds for the claim. It must meet extremely specific legal requirements to be considered valid.
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.
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.
The elements of the cause of action to quiet title are: 1) an interest in a specific property, 2) title to the property is affected by a claim by the defendant, and 3) the claim, although facially valid, is invalid or unenforceable.
File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.
Our last post discussed the differences between a “trespass to try title” and a “quiet title” action in Texas. You use a trespass to try title action in Texas to challenge ownership of land, while you use a quiet title action to settle a defect in the chain of title.
