When to file Lis Pendens
Lis Pendens filed by Texas Lawyers
A Lis Pendens is a formal document drafted to give constructive notice to the public at large that a lawsuit pending that could affect whether or not the owner of the real estate has the right to sell it, lease it, or put it up as collateral for a loan. For example, if there is a real property dispute in regards to a real estate sales agreement, a lis pendens may be appropriate after a lawsuit is filed. On some occasions, a seller will refuse to sell property. The intended buyer may have the remedy of specific performance and would like to prevent the seller from selling to another person. Many people think a lis pendens is a lien, but it is not. There are strict requirements on what must be contained in a lis pendens.
The Texas Property Code requires that the name of the case and the case number be included in the lis pendens. The code also requires additional information to be included like: the court in which the proceeding is pending, the names of the parties, the kind of proceeding, and a description of the property affected.
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.
There is also strict notice requirements that if not followed, may cause the lis pendens to be removed or invalidated. These can be challenged in court.
Filing or initiating proceedings to have a lis pendens removed should be done by an experienced real estate attorney. In order to ensure that your property rights are protected and you claim to real estate is unaffected, make sure that the attorney drafting your legal notices is proficient in Real Estate Law and Lis Pendens drafting. Contact The Weaver Law Firm for all of your real estate, title and property litigation concerns.
Resolving Problems related to Filing a Lis Pendens
Filing or removing a lis pendens requires a particular process. Our real estate lawyers can advise you on how to proceed with filing or removing a lis pendens. You can call our attorneys at 713-572-4900.
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