Smith County Lis Pendens Forms (Texas)

Form Package

Lis Pendens

State

Texas

Area

Smith County

Price

$27.97

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Included Forms

All Smith County specific forms and documents listed below are included in your immediate download package:

Included Supplemental Documents

The following Texas and Smith County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Lis Pendens Forms:

• Smith County

Including:

• Arp
• Bullard
• Flint
• Lindale
• Troup
• Tyler
• Whitehouse
• Winona

What is the Texas Lis Pendens

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.

Our Promise

The documents you receive here will meet, or exceed, the Smith 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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