Harris Texas Release of Lis Pendens
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FAQ
A notice of lis pendens, once duly registered, may be cancelled by the trial court before which the action involving the property is pending. This power is said to be inherent in the trial court and is exercised only under express provisions of law.
A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.
Where can I file my Release of Lien? Releases of Liens can be filed in person or by mail in the Real Property Department. The nine annex offices can accept them for filing, however it may take 5 -7 business days to be filed based upon delivery of the work to the downtown office.
A court may not, on its own motion, cancel or expunge a lis pendens. There must be a motion made by one of the parties and then notice to all concerned. With court approval, one may bond around a notice of lis pendens and obtain its cancellation by paying an adequate sum into the registry of the court.
In the Real Property Department of the Harris County Clerk's Office. The documents may be filed in person or by mail.
Once a deed has been recorded by the County Clerk's Office, copies of the deed may be requested if the original deed has been misplaced. Plain copies can be found by using the Official Public Records Search and selecting "Land Records". A certified copy may be purchased through request either in person or by mail.
How do I get a copy of my deed? We have 11 locations within Harris County, or you may submit a request in writing by fax, mail or email. We need to know the owner name and legal description of the property. Please note that the legal description can be obtained from your tax statement.
A lis pendens may be released voluntarily by the party filing the notice of lis pendens or it may be cancelled or expunged by court order after a motion is made by a party to the litigation.
If you wish, a copy may be obtained in person at the Harris County Clerk's Office located downtown in the Harris County Civil Courthouse, 201 Caroline, 3rd Floor, Monday through Friday from a.m. to p.m. If your property is not located in Harris County and you would like to obtain a copy of the recorded deed
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
