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Lis Pendens Notice in Connection with Action to Foreclose

Texas Lis Pendens Notice in Connection with Action to Foreclose

Category:

Real Estate - Lis Pendens

State:

Multi-State

Control #:

US-01458BG

Format:

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 financiers 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.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Lis Pendens Notice In Connection With Action To Foreclose?

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FAQ

If a lis pendens is properly filed, then a buyer (by definition) cannot be a BFP since constructive notice has been given by the filing; at best the buyer becomes a purchaser pendente lite, meaning that one would take title subject to the outcome of the litigation (Prop. Code Sec. 13001).

Lis pendens provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending. Lis pendens can only be filed if a claim is related specifically to the property.

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. This Standard Document contains integrated notes and drafting tips.

What You Should Do About a Lis Pendens on Your Property. If you have a lis pendens on your property, you need to contact an attorney as soon as possible. A Motion to Expunge should be filed as soon as possible. If you aren't sure about the details of the action filed, you can request information from the court clerk.

Under the Texas Property Code, lis pendens notices are only authorized when there is an underlying lawsuit on file that makes a claim involving: (1) title to the real property; (2) the establishment of an interest in the real property; or (3) enforcement of an encumbrance (e.g., a lien) against the real property.

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.

Primary tabs. In general, lis pendens is Latin for ?suit pending.? It is used in several contexts: ?Lis pendens? is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.

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