File Notice Lis Pendens Without Notice In Texas

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

Description

The document titled 'Release of Lis Pendens' serves as a formal declaration to remove a previously filed notice of lis pendens in Texas. This process is undertaken when a legal claim or interest regarding property is resolved, allowing the involved parties to clear the public record. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to notify the appropriate clerk or recorder's office that a lis pendens should be cancelled. Key features of the form include spaces for the acknowledgment of the release, the identification of the specific lis pendens to be cancelled (by book and page number), and the ability to officially authorize the clerk to remove the notice from public records. Filling out the form requires clear details about the property and proper legal description, ensuring accurate cancellation. This document is particularly useful in real estate transactions and disputes, as it reassures buyers and lenders that any existing claims have been resolved. Overall, this form enhances the clarity and legality of property transactions by officially confirming the release of any claims on the property.

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FAQ

Parties without lawyers can also file case documents in person at the Court during normal business hours or by mail. Most case documents are posted to the Court's website, except clerk's records, reporter's records, and sealed documents. You can search for your case at search.txcourts/.

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.

Rule 500.4 of the Texas Rules of Civil Procedure governs who may represent a party in justice court: An individual who is a party may be represented by: Himself or herself, An attorney, or.

Filing Your Case Online E-filing is a way of filing court documents electronically, without having to send in paper copies to the clerk's office. Texas's eFileTexas site uses guided interviews to help you create your forms. The website will ask you certain questions and use your answers to build your forms.

Expunging a Lis Pendens This can happen if the party believes that the lis pendens was improperly filed or if the underlying lawsuit has been resolved. Court Hearing: If a party seeks expungement, the court will conduct a hearing to determine whether the lis pendens should be canceled.

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.

As a general rule, a suit in Justice Court must be brought in the county and in the Justice of the Peace precinct in which the defendant resides; in the county and Justice of the Peace precinct where the incident that gave rise to the claim occurred; the county and Justice of the Peace precinct where the contract, if ...

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File Notice Lis Pendens Without Notice In Texas