Release Of Lis Pendens Form For Texas In Montgomery

State:
Multi-State
County:
Montgomery
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.

What is a lis pendens notice? The term “lis pendens” is Latin for “pending suit.” Notices of lis pendens are filed in the real property records for the purpose of notifying others—primarily, prospective purchasers of real property—that the property at issue is the subject of pending litigation.

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.

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.

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.

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.

The Montgomery County, Texas requirements for recording a mechanics lien are: Verify you have the right to file a valid lien. Draft your Texas affidavit of lien form (mechanics lien claim) for your specific role on the job. File your lien claim with the County Clerk's office where work was performed.

If your property is located in Montgomery County, you can order a copy of your deed by going to the Land Records Department of the Clerk's Office in Montgomery County Circuit Court (50 Maryland Avenue, Room 212, Rockville, Maryland, 20850).

More info

Montgomery County Lis Pendens Release Form. Fill in the blank form formatted to comply with all recording and content requirements.The County Clerk's office maintains Official Public Records beginning in 1836. Montgomery County Lis Pendens Form. Please click on the link below that will take you to their forms page for the required documents and instructions. 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. The office of the Recorder of Deeds is responsible for maintaining all land records and documents in Montgomery County, as well as other documents.

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Release Of Lis Pendens Form For Texas In Montgomery