US Legal Forms
Release of Lis Pendens

Filing A Lis Pendens In Texas In Wayne

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Wayne

Control #:

US-00403BG

Format:

Instant download

Description

The document titled 'Release of Lis Pendens' is essential for individuals or entities looking to formally withdraw a previously filed lis pendens in Wayne, Texas. A lis pendens serves as a public notice of pending litigation concerning a property, and its release is necessary once the related legal matters are resolved. This form requires the acknowledgment of consideration and specifies the original recording details to ensure accurate cancellation in public records. Target audiences, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this form particularly useful in property transactions or litigation cases where clarity of title is crucial. Users should complete the necessary details, including the specific record location, before signing and acknowledging the document. It serves to protect parties from further claims on the property, facilitating smoother transactions. Additionally, the form emphasizes organized filing, as it should be submitted to the appropriate clerk's office for official record cancellation.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

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FAQ

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.

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.

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.

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.

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.