Form Lis Pendens Foreclosure In Tarrant

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

Description

The Form Lis Pendens Foreclosure in Tarrant is a crucial legal document used to indicate that a property is subject to an ongoing lawsuit, particularly in foreclosure cases. This form serves to publicly notify potential buyers and interested parties that the property is involved in litigation, thus protecting the rights of the plaintiff. Users must fill out pertinent details, including the specifics of the case, the property details, and relevant recording information from the local Clerk's office. When editing, it’s essential to ensure all information is accurate, as errors could lead to complications in legal proceedings. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form during foreclosure processes to secure their interests in the property. The document is particularly valuable for legal professionals representing clients in foreclosure, ensuring appropriate notice is provided to interested parties. It can also be critical when negotiating settlements, as the filed lis pendens can influence the property's marketability. Overall, this form is integral in managing legal risks and protecting interests in real estate transactions affected by foreclosure.

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FAQ

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.

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.

What Does Discharge of Lis Pendens Mean? If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.

Section 12.0071 of the Texas Property Code contains a specific procedure for expunging (i.e., removing) an invalid lis pendens notice. To trigger the procedure, the property owner must file a motion to expunge the lis pendens in the court where the underlying lawsuit is pending.

To file a Lis Pendens in Texas, the party initiating the lawsuit must follow procedures outlined in the Texas Property Code. This includes submitting a declarative affidavit to the county clerk's office where the property is located. The affidavit must generally contain: Names of the parties involved.

Please contact the Tarrant County at (817) 884-1100 to obtain information about the foreclosure status of a property.

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Form Lis Pendens Foreclosure In Tarrant