Release Of Lis Pendens Texas Form With Lien In Phoenix

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

Description

The Release of Lis Pendens Texas form with lien in Phoenix is a legal document used to formally cancel a previously filed notice of lis pendens, which indicates a pending legal action concerning a property. This form is crucial for anyone looking to clear a title or property record affected by a lien, restoring the owner's ability to sell or refinance the property. The form should include specific details such as the recording information of the original lis pendens, along with a signature from the authorized person. For proper filing, it is essential to submit the completed form to the appropriate Clerk or Recorder's office in Phoenix, ensuring that it is dated and includes acknowledgment of receipt. Use cases for this form span across various legal professionals, including attorneys who represent clients in real estate transactions, partners and owners who need to resolve property disputes, as well as paralegals and legal assistants who assist in preparing and filing documentation. Understanding how to utilize this form effectively can prevent delays in property transactions and avoid complications stemming from unresolved liens or claims.

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FAQ

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.

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.

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.

The first step in lien release or removal is to contact the judgment creditor or its attorneys, inform them that the lien is invalid (see Part One below) or is currently showing against the homestead (see Parts Two and Three below) and then make formal demand that the creditor execute a partial release—or legal action ...

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.

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.

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.

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Release Of Lis Pendens Texas Form With Lien In Phoenix