What is the pendens rule?

Any action or proceeding which is pending in any court of law is. said to be lis pendens. The maxim representing this doctrine means that 'during the. pendency of litigation, nothing new should be introduced and to maintain the status quo, to abstain from doing anything which may affect any party to the litigation.

US Legal Forms
Release of Lis Pendens

Lis Pendens Requirements In San Antonio

Category:

Real Estate - Lis Pendens

State:

Multi-State

City:

San Antonio

Control #:

US-00403BG

Format:

Instant download

Description

The Release of Lis Pendens form serves as a formal document to cancel a previously recorded Lis Pendens in San Antonio. A Lis Pendens is a notice that there is a legal claim on a property, which can affect its sale or financing. This form requires specific details including the location of the original recording, the book and page numbers, and an acknowledgment of the release. Key features include the need for a signature and the requirement that the form be filed with the local Clerk or Recorder’s office to effectuate the release. Filling the form accurately is essential; users should ensure all information matches that of the original recording to prevent future disputes. This form is particularly useful for attorneys, partners, and owners involved in real estate transactions where a Lis Pendens needs to be lifted. Paralegals and legal assistants can assist in preparing and filing the form, ensuring compliance with local regulations. By understanding the Lis Pendens requirements in San Antonio, users can navigate property transactions more effectively.

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FAQ

Generally speaking, a valid Texas deed must include all of the following: the names of the grantor and grantee involved in the transaction, their intent to convey the property, a sufficient description of the property to be conveyed, and it finally must be signed by the grantor and delivered to the grantee.

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.

Section 12.002 - Liability (a) A person may not make, present, or use a document or other record with: (1) knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property; (2) intent that the document or ...

Except as otherwise provided by law, a last will and testament must be: (1) in writing; (2) signed by: (A) the testator in person; or (B) another person on behalf of the testator: (i) in the testator's presence; and (ii) under the testator's direction; and (3) attested by two or more credible witnesses who are at least ...

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.

• Any action or proceeding which is pending in any court of law is. said to be lis pendens. • The maxim representing this doctrine means that 'during the. pendency of litigation, nothing new should be introduced and to maintain the status quo, to abstain from doing anything which may affect any party to the litigation.