Release Of Lis Pendens Form For Texas In Travis

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

Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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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

More info

The Travis County Clerk's Recording Division files, records, and maintains Real Property Records, Personal Property Records, Notice of Trustee Sales. Travis County Lis Pendens Form.Fill in the blank form formatted to comply with all recording and content requirements. The Texas Property Code requires that the name of the case and the case number be included in the lis pendens. 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 is a notice of litigation asserting an interest in the property, and notifying third parties that ownership of the property is disputed.

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Release Of Lis Pendens Form For Texas In Travis