Requirements for Filing a Lis Pendens in Texas

A lis pendens, meaning “suit pending,” is a formal notice recorded in the county property records that informs the public of a pending lawsuit involving a claim to real property. In Texas, lis pendens filings are governed by Texas Property Code § 12.007 and are often used to preserve rights in real estate while litigation is pending. However, Texas courts require strict adherence to statutory and procedural rules for the lis pendens to be effective and enforceable.

What is a Lis Pendens?

A lis pendens is not a lien. Rather, it acts as constructive notice to third parties that the property is involved in litigation that may affect title, ownership, or an interest in the property. This notice effectively prevents the property from being freely transferred until the lawsuit is resolved or the lis pendens is expunged.

While powerful, this tool is only available in specific types of disputes. Misuse of a lis pendens can lead to sanctions or expungement, making it essential to meet all filing requirements.

Statutory Authority: Tex. Prop. Code § 12.007

Under Texas law, a party may file a notice of lis pendens if the lawsuit:

  • Concerns title to real property,
  • Establishes an interest in real property, or
  • Seeks to enforce an encumbrance against real property.

If your lawsuit does not fall within one of these three categories, filing a lis pendens may be improper and subject to expungement under § 12.0071.

Filing Requirements

A lis pendens in Texas must include the following:

  1. Style and Case Number of the Lawsuit: The notice must reference the specific court case involving the real property.
  2. Name of the Court: The court in which the lawsuit is pending must be named in the notice.
  3. Names of the Parties: The parties involved in the case must be clearly identified.
  4. Legal Description of the Property: A complete legal description (not just the address) must be provided to properly identify the property affected.
  5. Claim That Affects Real Property: The pleadings must contain a claim that directly involves a real property interest, not merely monetary damages.

The lis pendens must be signed and filed with the county clerk in the same county where the real property is located. Additionally, a copy must be served on all parties entitled to notice under the rules of civil procedure.

Types of Lawsuits That Support a Lis Pendens

Not every lawsuit involving real estate will justify a lis pendens. Common examples of qualifying actions include:

  • Lawsuits to quiet title or resolve disputed ownership
  • Claims to enforce a property interest created by oral or written agreement
  • Efforts to impose a constructive trust due to fraud or breach of fiduciary duty
  • Suits to set aside allegedly fraudulent transfers of real estate

Conversely, cases that do not support a lis pendens include those involving:

  • Purely monetary damages
  • Contract disputes where property is merely a source of damages
  • Deceptive Trade Practices Act (DTPA) claims unrelated to title or possession

When a Lis Pendens is Improper

If the claim does not assert an interest in real property—or if it does so improperly—a motion to expunge the lis pendens may be filed. The court may remove the lis pendens if it finds the underlying claim lacks probable validity or does not meet statutory requirements. For this reason, claimants must be cautious and ensure their pleadings and the lis pendens itself satisfy all legal standards.

Risks of Noncompliance

Filing a lis pendens without a valid basis may lead to several consequences, including:

  • Expungement by court order
  • Delay of the litigation process
  • Sanctions for frivolous filings
  • Potential claims for wrongful interference with property rights

Real estate attorneys should review pleadings carefully and verify that the claim directly implicates the property in question before filing a lis pendens.

Best Practices

To maximize the chances of filing a valid and effective lis pendens:

  1. Ensure your claim directly involves ownership, title, or enforcement of a lien or trust against real property.
  2. Use a full legal description taken from the most recent deed or title record.
  3. Review your petition and confirm that the cause of action meets the standards under § 12.007.
  4. Serve all necessary parties with the lis pendens and file proof of service when applicable.

Conclusion

Filing a lis pendens in Texas is a strategic move to preserve a client’s rights in real estate during litigation. However, the filing must strictly comply with the Texas Property Code to be valid. Understanding the requirements outlined above will help prevent unnecessary delays and protect your client’s position while avoiding procedural pitfalls.

For more detailed coverage of expungement procedures, evidentiary burdens, and litigation strategies related to lis pendens, explore the next article in this series: How to Expunge a Lis Pendens in Texas.