Filing A Lis Pendens In Texas In Maricopa

State:
Multi-State
County:
Maricopa
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

Maricopa County Recorder's Office has two full service offices to record your quitclaim deed. The main office is located in downtown Phoenix. The Southeast office is in Mesa, Arizona.

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.

➢ Beneficiary deeds are filed in the Maricopa County Recorder's Office.

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 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 create a beneficiary deed in Arizona, the deed must include the legal description of the property, the name of the beneficiary, and your signature. The deed must also be notarized and recorded in the county where the property is located. If these steps are not followed, the deed may not be legally valid.

Basically, a Lis Pendens is written notice that's recorded in the county recorder's records where the real estate is located and that gives notice than an action, a lawsuit involving title to the real estate is pending.

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Filing A Lis Pendens In Texas In Maricopa