Lis Pendens
A recorded notice indicating that a lawsuit affecting title to real property is pending. It serves as a public warning that the property's ownership is in dispute and any purchase during litigation is subject to the lawsuit's outcome.
Understanding Lis Pendens
Lis pendens, Latin for 'suit pending,' is a legal document filed in the county records to provide constructive notice that litigation affecting the property is underway. This filing protects the plaintiff's interest by preventing the defendant from selling the property to an innocent third party who could claim they had no knowledge of the dispute.
When a lis pendens is recorded, it appears in title searches and effectively clouds the title. Most buyers and lenders will not proceed with a transaction while a lis pendens is active, making it a powerful tool in property disputes.
Common situations where lis pendens are filed include quiet title actions, foreclosure proceedings, partition suits, and breach of contract cases involving real estate. The notice must typically include the names of the parties, a description of the property, and the case number of the pending litigation.
A lis pendens can be released when the lawsuit is resolved, either through judgment, settlement, or dismissal. In some cases, a defendant may file a motion to expunge the lis pendens if they can demonstrate the underlying claim is frivolous or that the plaintiff is unlikely to prevail.
Real-World Example
Before filing a quiet title action on an heir property, an investor records a lis pendens against the property. This prevents any of the potential heirs from selling their interest to a third party while the lawsuit proceeds, protecting the investor's position.
Texas-Specific Information
Texas Property Code Section 12.007 governs lis pendens filings. In Texas, a lis pendens must be filed in the county where the property is located. Texas courts may expunge a lis pendens if the claimant cannot show a probable right to recover on their claim.
Related Terms
Quiet Title Action
A lawsuit filed to establish clear ownership of real property and remove any clouds on the title. The court judgment eliminates competing claims and establishes the plaintiff as the rightful owner.
Clouded Title
A title with unresolved claims, liens, or defects that cast doubt on the true ownership of property. Clouded titles prevent sales, refinancing, and title insurance until the issues are resolved.
Title Search
An examination of public records to trace the chain of ownership and identify any liens, encumbrances, or defects affecting a property's title. Title searches are essential for real estate transactions and title insurance.
Chain of Title
The chronological sequence of historical transfers of title to a property, from the original grant to the current owner. A complete chain establishes ownership through an unbroken series of conveyances.
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