Filing A Lis Pendens In Texas In Tarrant

State:
Multi-State
County:
Tarrant
Control #:
US-00403BG
Format:
Word
Instant download

Description

The form for filing a Lis Pendens in Texas, particularly in Tarrant County, is utilized to publicly announce that a lawsuit is pending regarding a specific property. This serves as a notice to potential buyers or lenders that any interest in the property may be affected by the outcome of the legal proceedings. The form mandates the correct completion of details such as the date, parties involved, and specific book and page references within the county's records. For attorneys and legal professionals, it is crucial to ensure that the form is accurately filled out to avoid any legal complications. Additionally, it is advisable for paralegals and legal assistants to double-check all entries for compliance with local regulations. The form must be signed and may require acknowledgment to verify the identity of the signatory. This document is particularly useful for owners and partners who may want to safeguard their interests in real estate disputes. The proper release of a Lis Pendens is also essential in ensuring that once the dispute is resolved, the property can be freely transacted without encumbrances. By accurately filing and releasing a Lis Pendens, all parties maintain awareness of ongoing legal matters that could impact property rights.

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FAQ

(b) The party filing a lis pendens or the party's agent or attorney shall sign the lis pendens, which must state: (1) the style and number, if any, of the proceeding; (2) the court in which the proceeding is pending; (3) the names of the parties; (4) the kind of proceeding; and (5) a description of the property ...

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 ...

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.

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.

(b) The party filing a lis pendens or the party's agent or attorney shall sign the lis pendens, which must state: (1) the style and number, if any, of the proceeding; (2) the court in which the proceeding is pending; (3) the names of the parties; (4) the kind of proceeding; and (5) a description of the property ...

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.

To file a lien claim, you will need: Property owner's name (or company name) and mailing address. Project address and the county where it is located. The amount owed for each month you performed the work that remains unpaid. A brief description of the work you performed.

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a 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.

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Filing A Lis Pendens In Texas In Tarrant