A lis pendens in Texas is a notice recorded in county property records stating that a pending lawsuit involves a claim affecting the property. It does not create a lien or decide who owns the property, but it can complicate a sale or refinance because buyers and lenders receive notice of the dispute.
If a title search reveals a lis pendens, the immediate questions are whether the lawsuit supports the notice, what risk it creates for the transaction, and whether the notice can be removed.
What does lis pendens mean in Texas
Lis pendens means a pending lawsuit. In real estate matters, the recorded notice identifies litigation involving title to property, the establishment of an interest in property, or enforcement of an encumbrance against it. Texas Property Code Section 12.007 governs when a party seeking affirmative relief may record the notice.
Section 13.004(a) states: “A recorded lis pendens is notice to the world of its contents.” The statute makes the notice effective when it is filed for record and indexed as required. A person considering the property should examine the underlying lawsuit rather than assume the recording proves the claimant is right.
Is a lis pendens a lien
No. A lis pendens gives notice of litigation; it does not itself create a security interest, establish a debt, or give the filing party ownership. The underlying lawsuit may seek to enforce an existing lien, but the notice and the lien are separate.
A lis pendens also differs from an injunction. It does not, by itself, order the owner to stop selling the property. A separate court order may impose restrictions, so the court file matters as much as the county records.
Can you sell a house with a lis pendens in Texas
A lis pendens does not automatically prohibit a sale. However, transferring property while the notice remains effective can expose the buyer to the outcome of the pending property claim. That risk may cause a buyer or lender to require resolution of the notice before closing.
Title insurance may also become an obstacle. Depending on the claim and underwriting requirements, a title company may require removal of the notice or exclude the dispute from coverage. A buyer should not assume that receiving a deed eliminates the pending claim.
For example, a buyer who sues to compel a seller to convey a specific property may seek to record a lis pendens. If the seller then attempts to sell to someone else, the recorded notice alerts the new buyer to the competing claim. Whether the filing is proper depends on the pleadings and supporting evidence.
When can someone file a lis pendens
Under Section 12.007(a), a party seeking affirmative relief may record a notice during an action involving title to real property, establishment of an interest in real property, or enforcement of an encumbrance against real property. The statute also addresses eminent domain proceedings after the required statement is filed.
Potential examples include a suit to set aside a disputed deed, a claim seeking conveyance of a particular property, or litigation to enforce a lien. Divorce or inheritance litigation may also support a notice when the relief sought actually concerns a qualifying interest in identified real estate. The label placed on the case does not establish that the filing is proper.
A demand for repayment generally does not justify a lis pendens merely because the debtor owns a house. Likewise, a failed real estate investment does not automatically support a notice. A request for money damages and a claim to an interest in specific land require different analysis.
What must a Texas lis pendens notice include
Section 12.007(b) requires the notice to be signed by the filing party or that party’s agent or attorney. It must identify the case style and number, if any; the court; the parties; the kind of proceeding; and the affected property.
The notice is filed with the county clerk of each county where part of the property is located. Section 12.007(d) also requires service of a copy on each party to the lawsuit who has an interest in the affected property, no later than the third day after filing. Recording the notice and serving it are separate requirements.
How to remove a lis pendens in Texas
The appropriate route depends on the lawsuit and why the notice should no longer affect the property. Two statutory procedures are expunction under Section 12.0071 and cancellation under Section 12.008.
Expunction of an improper or unsupported notice
A party to the action may move to expunge the notice under Section 12.0071. The court must order expunction if it determines that any of the following grounds exists:
The pleading on which the notice is based does not contain a real property claim.
The claimant fails to establish, by a preponderance of the evidence, the probable validity of the real property claim.
The person who recorded the notice did not serve a copy on each party entitled to receive one under Section 12.007(d).
The probable-validity requirement means that alleging a property claim alone is not enough to defeat an expunction motion. The court evaluates the required showing using affidavits, counteraffidavits, and other proof it permits. Notice of the motion must be served on each affected party at least 20 days before the hearing.
Obtaining the order is only part of the process. Section 12.0071(f) ties the statutory effects of expunction to recording a certified copy of the expunction order. Removing the notice does not, by itself, decide every issue in the underlying lawsuit.
Cancellation with financial protection
Section 12.008 provides a separate procedure. After notice to affected parties, the court may cancel a lis pendens if the party seeking affirmative relief can be adequately protected by money deposited into court or by an undertaking. The statute sets conditions for those forms of protection.
This procedure is not an automatic right to remove any notice by posting a nominal bond. The court must determine that the proposed protection is adequate and the statutory requirements are satisfied.
Resolution of the lawsuit
Settlement, dismissal, or a final disposition may provide a basis to clear the notice. However, a title search may still reveal the recorded filing. The parties should address the appropriate release or court order and its recording, rather than assume that ending the lawsuit automatically clears the county records.
Can you recover attorney fees for an improper lis pendens
Section 12.0071 provides the expunction procedure; it does not itself authorize an award of attorney’s fees or sanctions. Any request for fees, sanctions, or damages requires a separate applicable legal basis and satisfaction of its requirements. Winning expunction alone should not be treated as a guaranteed monetary recovery.
What to do if a title search reveals a lis pendens
Obtain the recorded notice and the current pleadings, then confirm that the property description matches the property involved in your transaction. Check for court orders, service records, and any recorded release or expunction order.
Owners should preserve documents showing the underlying transaction, claimed ownership, and any pending sale or refinancing deadline. Buyers should ask the title company and their attorney what must occur before closing and what exceptions would remain in the proposed policy.
If the filing appears unsupported, prompt review matters. Even a notice that is ultimately expunged can disrupt a closing while the dispute is being addressed.
Frequently asked questions
Does a lis pendens mean the owner committed fraud
No. The notice identifies pending litigation. It does not establish fraud, wrongdoing, or the validity of the claimant’s allegations.
Can someone file a lis pendens before filing a lawsuit
An ordinary demand letter or threat to sue does not satisfy Section 12.007(a). The statute requires a pending qualifying action, subject to its separate provision for eminent domain proceedings.
How long does a lis pendens last
There is no single duration that applies to every case. Its continuing effect depends on the litigation and any release, cancellation, or expunction. Review both the court docket and recorded instruments rather than assuming an old notice has expired.
Does expunging a lis pendens dismiss the case
No. An expunction order concerns the recorded notice. The court may still need to resolve the underlying claims.
Legal help with Texas property disputes
If a lis pendens is delaying a sale or refinance, or you are considering one in a property dispute, legal review should focus on the relief actually sought and the evidence supporting it. David C. Barsalou, Attorney at Law, PLLC offers remote consultations concerning Texas real estate disputes and civil litigation. Contact the firm to discuss the property, the lawsuit, and any approaching transaction deadline.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
