Houston Texas Lis Pendens Lien
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How to fill out Texas Lis Pendens Lien?
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FAQ
A memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days.
The requirements for filing a lis pendens are codified in the Texas Property Code. Only after a lawsuit has been filed, may a party to the action who is seeking affirmative relief file a lis pendens with the county clerk in the county where the property is located.
A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.
The party filing a lis pendens or the party's agent or attorney shall sign the lis pendens, which must state: (1) the style and number, if any, of the proceeding; (2) the court in which the proceeding is pending; (3) the names of the parties; (4) the kind of proceeding; and. (5) a description of the property affected.
The term lis pendens literally means ?a suit pending,? and is often abbreviated as lis pend. If you see this term connected with a piece of property, whether yours or one you are thinking about buying, it means legal action has been filed in regards to that property.
The notice of lis pendens may be cancelled only upon the order of the court, after showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded (Section 19, Rule 13, Amended Rules of Civil Procedure).
Lis pendens is a legal means for serving notice to anyone concerned with a piece of real estate that there is a claim and pending legal action against the property. It is important because it notifies potential buyers that another party has a claim to the property.
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.
Lis Pendens is a Latin phrase that means ?suit pending.? The notice of a pending action or lis pendens involving a real property can be recorded in the Register of Deeds of the place where the property is located.
The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder.
