What is the statute of limitations on a lis pendens in Texas?

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.

US Legal Forms
Release of Lis Pendens

Release Of Lis Pendens Texas Form Format In Riverside

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Riverside

Control #:

US-00403BG

Format:

Instant download

Description

The Release of Lis Pendens Texas form format in Riverside is a legal document that releases a previously filed lis pendens, which is a notice indicating that a property is subject to litigation. This form includes essential fields such as the acknowledgment of receipt and sufficiency of consideration, details of the original lis pendens including its recording location, and a request to the clerk or recorder to cancel the lis pendens from the official records. It is critical for attorneys, partners, owners, associates, paralegals, and legal assistants to understand this form as it plays a vital role in clearing property titles, enabling seamless property transactions. To fill out the form, users must ensure accurate information is entered regarding the property and the original recording details. The form must be signed and may require acknowledgment by a notary, ensuring its validity. This document is primarily used in real estate disputes, property sales, and legal matters involving property rights, thereby offering essential utilities for legal professionals and individuals involved in property law. By effectively using this form, legal representatives can assist clients in resolving pending claims against properties and facilitating smoother transactions.

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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.

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.

Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. 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 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.

REMOVING A LIS PENDENS losing party acted with substantial justification. A lis pendens may also be removed voluntarily. A claimant may remove the lis pendens by recording, filing and serving a notice of withdrawal. Code of Civil Procedure §405.50.

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 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.

(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property ...