Posted: October 27, 2024
Category: Real Estate
If you’re involved in a lawsuit over real estate, you may encounter the term lis pendens. Latin for “suit pending,” a lis pendens is a legal notice that there’s ongoing litigation affecting the title or interest in real property. In Texas, a lis pendens can have a significant impact on your ability to sell, refinance, or transfer real estate.
🔍 What Is a Lis Pendens?
A lis pendens is a written notice that a lawsuit has been filed concerning real property. This notice is filed in the real property records of the county where the property is located and serves as a public warning to potential buyers, lenders, and other interested parties that the property is involved in litigation.
The purpose is to give constructive notice so that anyone dealing with the property does so subject to the outcome of the lawsuit.
🏠 What Kind of Lawsuits Justify a Lis Pendens?
Not every real estate dispute qualifies for a lis pendens. Under Texas law, a lis pendens can only be filed when the litigation directly affects:
- Title to real property
- Establishing an interest in real property
- Enforcement of a lien
- Partition of property
For example, a lawsuit seeking to void a deed, determine ownership, or enforce a contract for sale of land would support a lis pendens. On the other hand, a case for money damages alone would not qualify.
🚫 What Does a Lis Pendens Do?
A lis pendens doesn’t prevent you from selling your property, but it has practical consequences:
- Most title companies will refuse to insure title until the lis pendens is cleared.
- Lenders typically won’t approve refinancing or loans secured by the property.
- Buyers are discouraged because they don’t want to buy into a legal dispute.
In short, the property becomes difficult to sell or borrow against until the litigation is resolved or the lis pendens is removed.
🛠️ Can You Challenge a Lis Pendens?
Yes. Texas law allows you to file a motion to expunge the lis pendens if:
- The lawsuit does not involve a real property interest
- The notice fails to meet statutory requirements
- The filer fails to establish the probable validity of the claim
If the court grants the motion, the lis pendens is removed from the county records, and third parties can deal with the property freely.
⚖️ What Is the Process to File a Lis Pendens in Texas?
- File a lawsuit affecting title or interest in real estate.
- Prepare a written lis pendens notice.
- File the notice with the county clerk’s office in the property’s location.
- Serve a copy on all parties in accordance with Texas Rules of Civil Procedure.
The notice must include the style and cause number of the case, the court, the names of the parties, and a legal description of the property.
💡 Can a Lis Pendens Be Misused?
Yes. Unfortunately, some parties file lis pendens improperly to cloud title and pressure property owners. This tactic can be challenged in court and may result in sanctions, especially if the lawsuit doesn’t meet the legal criteria for a valid lis pendens.
🛡️ How Can a Real Estate Attorney Help?
If you’re facing a lis pendens on your property—or considering whether to file one—consult with an experienced Texas real estate attorney. A lawyer can:
- Assess whether your case supports a lis pendens
- File or challenge the notice properly
- Represent you in a motion to expunge or defend against one
At Guerra Days Law Group, we routinely help clients navigate lis pendens issues as part of broader litigation or dispute resolution strategies.
📞 Talk to a Texas Real Estate Litigator Today
If your property is tied up in a dispute, you don’t have to face it alone. Contact Guerra Days Law Group for guidance on how a lis pendens affects your rights and how to respond strategically.
