A lis pendens is filed in the county where the property is located. This is done after litigation affecting title to real property is taken. Requirement for filing a lis pendens in Texas are codified in Tex. Prop. Code 12.007. Texas court cases have laid the foundation, that the person filing the lis pendens must have a direct interest in the ownership of the real property and not simply a collateral interest to recover monetary damages. Although a lis pendens is not a lien, it is often viewed in a similar light and can therefore have the effect of stopping a sale. Why? Because constructive notice of litigation has now been given to potential buyers.

When a Lis Pendens document is filed it must contain a proof of service which is an acknowledgment of service by the person served or a certificate of service. In some cases, the clerk will permit a document to be filed but will require the proof of service to be filed promptly thereafter. 9.5(d)

9.5(e) Certificate Requirements. A certificate of service must be signed by the person who made the service and must state:

(1) the date and manner of service;

(2) the name and address of each person served; and

(3) if the person served is a party's attorney, the name of the party represented by that attorney.

This Document includes a "Certificate of Service" form that can be used by an attorney or party to the case.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Lis Pendens

Provide public notice of a pending lawsuit affecting a property
File notice of a boundary dispute or quiet title action
Provide constructive notice of a contract dispute involving property
Establish priority of a legal claim on real property
File notice of a pending foreclosure action
Alert lenders to pending litigation that may affect collateral
Prevent the sale of a property while a lawsuit is pending

Compare other Texas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Transfer on Death Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Release

Important: County-Specific Forms

Our lis pendens forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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