Release Lis Pendens Form With 2 Points In San Antonio

State:
Multi-State
City:
San Antonio
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

Real Property documents may be filed and recorded with the Bexar County Clerk's Office in person or by mail. The original documents with original signatures are required for the recording. The County Clerk's Office will not record a copy. Recordings are completed immediately in the County Clerk's Office.

You may contact the Bexar County Clerk regarding property information by calling (210) 335-2216. The County Clerk is located at 100 Dolorosa Suite 104 San Antonio, Texas 78205 and is operated Monday through Friday from am to pm. This division handles: Real Property/Land Records.

How long does it take to get a deed in Texas? Well, sugar, the time it takes to get a deed in Texas can vary. Once all the paperwork is signed, sealed, and delivered to the county clerk's office, it can take anywhere from a few days to a couple of weeks for it to be recorded.

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 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.

Deed/Lien Information To record it in person, bring the original Release to the Bexar County Clerk's Recordings Department at the Paul Elizondo Tower. To record it through the mail, send the original document to the Bexar County Clerk's Office in the Courthouse.

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.

Some crimes with a 10-year statute of limitations include: Theft of any estate by an executor, administrator, guardian, or trustee with the intent to defraud any creditor, legatee, ward, heir, distribute, settlor, or beneficiary. Forgery or using, passing, or uttering forged instruments.

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 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.

More info

This article will discuss the intended purpose of lis pendens notices and why Texas lawmakers should consider new ways to curb their frequent misuse. Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action).A lis pendens is a legal document filed in the chainoftitle of a real property that is the subject of, or which is affected by, a pending lawsuit. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court.

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Release Lis Pendens Form With 2 Points In San Antonio