Texas PDF Templates

Texas PDF Templates
Homepage ➾ Blank Lis Pendens Texas PDF Template
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Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays or rejection of the form. Ensure that all sections are completed thoroughly.

  2. Incorrect Court Information: Listing the wrong court or county can invalidate the filing. Double-check that the court name and county are accurate.

  3. Improper Property Description: The property description must be precise. Errors in the metes and bounds description can cause legal complications.

  4. Missing Signatures: All necessary signatures must be included. Omitting the attorney’s signature or the notary public’s acknowledgment can render the form ineffective.

  5. Failure to Attach Exhibit “A”: The form references Exhibit “A” for property details. Not attaching this exhibit can lead to misunderstandings about the property involved.

  6. Not Following Filing Procedures: Each county may have specific procedures for filing. Not adhering to these can result in delays or rejection of the Lis Pendens.

Key takeaways

When dealing with the Lis Pendens Texas form, it's important to understand its purpose and how to fill it out correctly. Here are some key takeaways to keep in mind:

  • Purpose of Lis Pendens: This form serves as a public notice that a legal action is pending concerning a specific property. It informs potential buyers or lenders that the property is involved in litigation.
  • Filing Location: The form must be filed in the county where the property is located. This ensures that the notice is accessible to anyone interested in the property.
  • Case Information: You need to include the name of the court, the case number, and the names of the plaintiffs and defendants. This information helps identify the specific legal action.
  • Property Description: A detailed description of the property is essential. This is often provided in an attached Exhibit “A,” which should include metes and bounds or other identifying features.
  • Acknowledgment Requirement: The form must be acknowledged before a notary public. This step verifies the authenticity of the signatures on the document.
  • Public Access: Once filed, the Lis Pendens becomes part of the public record. Anyone conducting a title search will see this notice, which can affect property transactions.
  • Duration: The Lis Pendens remains in effect until the legal action is resolved. It can be a significant factor in determining the outcome of property sales or transfers.
  • Legal Advice: It’s advisable to consult with a legal professional when preparing and filing a Lis Pendens. They can provide guidance on the implications and ensure the form is completed correctly.

Understanding these key points will help navigate the process of using the Lis Pendens Texas form effectively.

⇓ Lis Pendens Texas PDF

Steps to Using Lis Pendens Texas

After completing the Lis Pendens form, it will need to be filed with the appropriate court in Texas. This document serves to notify interested parties of a pending legal action regarding a specific property. Ensure all information is accurate and complete before submission.

  1. Begin by entering the state and county at the top of the form.
  2. In the first blank line, specify the name of the court where the action is pending.
  3. Fill in the case style with "State of Texas, et al vs." followed by the names of the defendants.
  4. Indicate the case number assigned to the action.
  5. In the next section, mention that the plaintiffs are the State of Texas and any additional plaintiffs.
  6. Identify the defendant(s) by listing their names after the "Defendant(s)" label.
  7. State that the suit is related to a proceeding in eminent domain.
  8. Describe the property involved in the action, including the county where it is located.
  9. Attach and reference Exhibit “A”, which should contain a detailed description of the property by metes and bounds.
  10. Indicate that the plaintiffs are seeking affirmative relief for public use and highway purposes.
  11. Include a line for the date when the form is being signed.
  12. Provide space for the signature of the attorney for the plaintiffs.
  13. In the acknowledgment section, include the state and county again.
  14. Leave space for the notary public's signature and the date of acknowledgment.