Release Of Lis Pendens Form For Texas In Travis

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

Description

The Release of Lis Pendens form for Texas in Travis is a legal instrument used to cancel a previously filed lis pendens, which is a notice that a lawsuit has been filed concerning a property. This form is especially crucial for legal professionals, including attorneys, paralegals, and legal assistants, as it directly impacts the standing of property interests in real estate litigation. To complete the form, users must accurately fill in details such as the name of the clerk's office, the location, and the specifics of the lis pendens being released. The signatory must also date the document and provide their signature, affirming the acknowledgment of receipt and sufficiency of consideration. Utility cases for this form include property sales where litigation has ended or when a claimant no longer has a valid claim against the property. It's essential for partners, owners, and associates dealing with real estate transactions to ensure that any encumbrances from earlier lawsuits are cleared, allowing for smooth transfer of property ownership. Overall, understanding how to utilize this form effectively enhances the transactional integrity of real estate dealings.

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FAQ

A Lis Pendens Depends on an Underlying Lawsuit 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.

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.

File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.

Real Property documents may be filed and recorded with the Travis 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 once received in the County Clerk's Office.

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.

The average salary for a Court Clerk is $51,599 per year (estimate) in Austin, TX, which is 13% higher than the average Travis County, Texas salary of $45,504 per year (estimate) for this job.

Travis County Officials Office TitleOffice HolderTerm Length County Clerk Dyana Limon-Mercado 4 Years term Sheriff Sally Hernandez 4 Years term Tax Assessor-Collector Celia Israel 4 Years term County Treasurer Dolores Ortega Carter 4 Years term14 more rows

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.

Municipal Court Jury Assignment Judge:Sherry Statman, Presiding Judge Location: City of Austin Municipal Court6800 Burleson Road, Building 310, STE 175, Austin, TX 78744, Jury Assembly Room 1106 (Map) Contact: (512) 974-4800, or court@austintexas

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Release Of Lis Pendens Form For Texas In Travis