Texas Lis Pendens FAQ: What It Means, When It’s Allowed, and How to Remove It

A lis pendens can shut down a Texas real estate deal overnight.

It can block refinancing, derail a sale, and force disputes into court faster than most parties expect. It is not a judgment, but it often functions like one in the real world because it creates a title problem.

This FAQ explains what a lis pendens is in Texas, when it can be filed, what it must contain, and how it can be removed through expunction or cancellation under the Texas Property Code.

Quick Statute Links (Texas Property Code)

• Texas Property Code § 12.007 (Lis Pendens)
  
• Texas Property Code § 12.0071 (Motion to Expunge Lis Pendens)
  
• Texas Property Code § 12.008 (Cancellation of Lis Pendens)
  

FAQ: What is a lis pendens in Texas?

A lis pendens is a recorded notice filed in the county real property records stating that a lawsuit is pending involving specific real estate. Under Texas Property Code § 12.007, a party seeking affirmative relief may file a notice of lis pendens during the pendency of an action involving:

• title to real property,
• the establishment of an interest in real property, or
• the enforcement of an encumbrance against real property.

In plain terms: it puts the world on notice that the property is tied to a lawsuit.

FAQ: What kinds of lawsuits support a lis pendens filing?

Texas law authorizes a lis pendens in cases where the pleadings involve a real property claim such as:

• title disputes and ownership claims,
• lawsuits to establish an interest in the property,
• enforcement of liens or encumbrances, and
• other disputes where the court could grant relief that directly affects the property itself.

A lis pendens is not intended to be filed in a lawsuit that is only about money damages.
If the pleadings do not contain a real property claim, the notice is vulnerable to expunction.

FAQ: Who is allowed to file a lis pendens?

Under Texas Property Code § 12.007(a), a party to the action who is seeking affirmative relief may file a lis pendens.

FAQ: Where do you file a lis pendens in Texas?

The notice must be filed for record with the county clerk in each county where any part of the property is located.
See Texas Property Code § 12.007(a).

FAQ: What must a Texas lis pendens include?

A lis pendens must be signed and must state specific required information under Texas Property Code § 12.007(b), including:

1. the style and number of the case (if any),
2. the court in which the case is pending,
3. the names of the parties,
4. the kind of proceeding, and
5. a description of the property affected.

If the notice is missing required elements or the property description is defective, it may be attacked through a motion to expunge.

FAQ: Does the lis pendens have to be served on the other parties?

Yes. Texas imposes a strict service requirement.

Under Texas Property Code § 12.007(d), the person who files the notice must serve a copy on each party to the action who has an interest in the affected real property no later than the third day after filing.

FAQ: What happens if the filer does not serve the lis pendens within 3 days?

Failure to comply with the service requirement is grounds for expunction.

Under Texas Property Code § 12.0071(c)(3), the court must order the lis pendens expunged if the person who filed it did not serve a copy as required by § 12.007(d).

FAQ: How do you remove a lis pendens in Texas?

Texas law provides two main remedies:

1) Motion to Expunge Lis Pendens (Texas Property Code § 12.0071)

A party may apply to the court to expunge the notice under Texas Property Code § 12.0071(a).

The court must order expunction if it determines that:

• the pleading does not contain a real property claim,
• the claimant fails to establish probable validity of the claim by a preponderance of the evidence, or
• the notice was not properly served under § 12.007(d).

2) Cancellation of Lis Pendens (Texas Property Code § 12.008)

Even where a lis pendens may be proper, the court may cancel it under Texas Property Code § 12.008 if the party seeking affirmative relief can be adequately protected by:

• a deposit of money into the court registry, or
• an undertaking (bond/guarantee) approved by the court.

FAQ: What is “probable validity” in an expunction hearing?

Under Texas Property Code § 12.0071(c)(2), the claimant has to establish the probable validity of the real property claim by a preponderance of the evidence. That is a measurable burden. A lis pendens should not survive on allegations alone.

FAQ: What is the deadline to serve a motion to expunge?

Notice of the motion must be served on each affected party on or before the 20th day before the hearing. See Texas Property Code § 12.0071(d).

FAQ: What happens if the lis pendens is expunged and the order is recorded?

Once a certified copy of the expunction order is recorded, the lis pendens no longer has legal effect as notice. Under Texas Property Code § 12.0071(f), the expunged notice does not:

• constitute actual or constructive notice of the matters stated in the notice,
• create a duty of inquiry, or
• affect a purchaser or lender for value, even if they knew about the action.

The statute also states that the property may be transferred or encumbered free of the matters asserted in the notice and the action.

FAQ: Why does a lis pendens matter so much in Texas real estate transactions?

Because it creates immediate real-world problems for:

• buyers trying to get title insurance and financing,
• sellers trying to close cleanly,
• lenders evaluating collateral risk, and
• title companies trying to insure marketable title.

A lis pendens often becomes the point where a private dispute turns into a public title defect.

Need Help With a Lis Pendens Problem in Texas?

A lis pendens can be legitimate in the right case. It can also be abused.

If your property is tied up by a recorded lis pendens, or if you are considering filing one, you need a clear strategy built around the requirements of the Texas Property Code.

If you are dealing with a lis pendens issue in Texas, talk with a real estate litigation attorney who understands how these filings
impact closings, financing, settlement leverage, and courtroom outcomes.

Byline: Trey Wilson San Antonio Real Estate Attorney and Texas Water Lawyer