Filed Lis Pendens On In Phoenix
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FAQ
A lis pendens is not a lien on property, but rather a notice that a possible interest is being claimed in certain real property.
A lis pendens effectively clouds the title to the property described in the notice and impedes a subsequent sale or encumbrance of the property until the litigation is resolved or the lis pendens is expunged.
Lis Pendens is essentially a red flag for anyone interested in a property. It signals that unresolved legal issues surround the property, such as disputes over ownership or claims against its title.
When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded. A lis pendens puts a “cloud” on the title. It doesn't prevent you from selling your home, but it does make the title uncertain, which could affect your ability to sell.
Generally, filing fees for legal documents, including Lis Pendens, are determined by the local government or court where the filing takes place. These fees can range from a relatively low amount to several hundred dollars.
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.
After a Lis Pendens is filed, it becomes part of the public record, warning anyone interested in the property that it is involved in a legal dispute. The property owner may challenge the Lis Pendens in court, seeking to have it removed if it was improperly filed.
How to Remove a Lis Pendens Notice in Texas Ask the court to remove the notice (e.g. Motion to Expunge). Notify all affected parties at least 20 days before the court hearing. Provide evidence with their request to remove the notice.
Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.
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.
