Brewster County Lis Pendens Form

Additional Texas and Brewster County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Brewster County

Properties in any of these areas use Brewster County forms:

• Alpine
• Big Bend National Park
• Marathon
• Terlingua

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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.

Important: Your property must be located in Brewster County to use these forms. Documents should be recorded at the office below.

This Lis Pendens meets all recording requirements specific to Brewster County.

Our Promise

The documents you receive here will meet, or exceed, the Brewster County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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