Lis Pendens Release Form With Lien In Texas
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Remove a Lien on Texas Property It can be prepared by the owner or the Lien Claimant, but it must be signed by the Lien Claimant in front of a notary public and filed in the property records in the county where the property is located.
The first step in lien release or removal is to contact the judgment creditor or its attorneys, inform them that the lien is invalid (see Part One below) or is currently showing against the homestead (see Parts Two and Three below) and then make formal demand that the creditor execute a partial release—or legal action ...
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.
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.
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.
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.
Remove a Lien on Texas Property It can be prepared by the owner or the Lien Claimant, but it must be signed by the Lien Claimant in front of a notary public and filed in the property records in the county where the property is located.
What is a lis pendens notice? The term “lis pendens” is Latin for “pending suit.” Notices of lis pendens are filed in the real property records for the purpose of notifying others—primarily, prospective purchasers of real property—that the property at issue is the subject of pending litigation.
