What Is a Lis Pendens in Texas?

A lis pendens is a written notice filed in the county real property records indicating that a pending lawsuit may affect the title to, an interest in, or an encumbrance against a particular property. The phrase “lis pendens” generally means that litigation concerning the property is pending.

A lis pendens does not by itself decide who owns the property. Instead, it alerts potential purchasers, lenders, title companies, and other interested parties that the property is involved in a lawsuit and that the outcome could affect their interests.

Because a lis pendens becomes part of the property records, it can create a serious cloud on title and interfere with the owner’s ability to sell, refinance, or otherwise transfer the property.

When Can a Lis Pendens Be Filed in Texas?

Under Section 12.007 of the Texas Property Code, a notice of lis pendens may generally be filed during a lawsuit involving:

• Title to real property

• The establishment of an interest in real property

• The enforcement of an encumbrance against real property

• An eminent-domain proceeding

The notice is filed with the county clerk in the county where the property is located. It generally must identify the parties, the court and cause number, the property affected, and the type of relief requested in the lawsuit.

A lis pendens should be connected to a lawsuit that directly concerns an interest in the property. The existence of a financial disagreement, contract claim, or request for monetary damages does not necessarily make filing a lis pendens appropriate.

Property owners and litigants should consult the Texas Property Code, Sections 12.007 and 12.0071 and obtain legal advice concerning their specific circumstances.

What Does a Lis Pendens Do?

A properly filed lis pendens provides notice that the property is the subject of pending litigation. Someone who acquires an interest in the property after the notice is filed may take that interest subject to the outcome of the lawsuit.

This can make buyers and lenders reluctant to proceed with a transaction. A title company may also identify the lis pendens as an issue that must be addressed before it will close the transaction or issue a title insurance policy.

Anyone reviewing a title commitment should carefully examine requirements or exceptions involving pending litigation, recorded notices, ownership claims, or other matters that could affect the property.

Is a Lis Pendens a Lien?

No. A lis pendens is generally a notice of pending litigation, not a judgment or lien establishing that money is owed.

However, a lis pendens can still have a substantial practical effect on the property. Its presence in the real property records may create uncertainty about ownership or other property rights and can make the property difficult to sell or finance.

The distinction is important: the lis pendens gives notice of the lawsuit, while the lawsuit determines whether a party actually has an enforceable interest in the property.

Does a Lis Pendens Stop the Owner From Selling the Property?

A lis pendens does not automatically prohibit an owner from signing a contract or executing a deed. However, it can make completing a sale extremely difficult.

A potential buyer may not want to acquire property that is subject to the outcome of litigation. A lender may refuse to finance the purchase, and a title company may be unwilling to insure the buyer’s ownership unless the lawsuit and lis pendens are appropriately resolved.

For this reason, a lis pendens can effectively delay or prevent a conventional sale even though it is not itself a court order forbidding the transfer.

People preparing to buy or sell disputed property should review the recorded documents and obtain legal advice before proceeding. Our San Antonio real estate attorneys assist clients with title issues, ownership disputes, contracts, and other legal problems affecting Texas property transactions.

Can You Buy Property That Has a Lis Pendens?

A person may potentially purchase property subject to a lis pendens, but the transaction carries significant risk.

The buyer may be bound by the eventual result of the lawsuit even if the buyer was not originally a party to the case. Depending on the claims, the litigation could affect the buyer’s ownership, possession, use of the property, or the validity of the transfer.

Before purchasing property affected by a lis pendens, a buyer should determine:

• What claims have been asserted

• Who filed the lawsuit

• What ownership interest is disputed

• Whether a court has issued any related orders

• Whether the notice may be released or expunged

• Whether title insurance will be available

• How the lawsuit could affect the proposed purchase

A title insurance policy does not automatically eliminate the underlying dispute, and any exceptions in the proposed policy should be carefully reviewed.

How Long Does a Lis Pendens Last in Texas?

A lis pendens does not have one universal expiration date. It may remain in the property records while the lawsuit is pending unless it is released, canceled, or expunged through an appropriate legal procedure.

The lawsuit’s dismissal or resolution may provide grounds for removing the notice, but property owners should not assume that the county records will update automatically. Appropriate documents may need to be prepared, signed, and recorded to show that the lis pendens no longer affects the property.

How Can a Lis Pendens Be Removed in Texas?

The appropriate way to remove a lis pendens depends on the lawsuit, the claims being asserted, and why the notice was filed.

Possible methods may include:

Voluntary Release

The party who filed the lis pendens may execute and record a release or cancellation. This sometimes occurs after the parties settle the dispute or the relevant property claims are resolved.

Resolution or Dismissal of the Lawsuit

A final judgment, dismissal, settlement, or other resolution may eliminate the basis for the lis pendens. Additional action may still be required to clear the public property records.

Motion to Expunge

A party with an interest in the property may ask the court to expunge the lis pendens under Section 12.0071 of the Texas Property Code.

Depending on the circumstances, expunction may be appropriate when the pleading on which the notice is based does not contain a real-property claim, the claimant fails to establish the probable validity of the real-property claim, or the claimant has not served the notice as required by law.

Because an expunction request involves the pleadings, evidence, deadlines, and the specific claims asserted, it should be evaluated carefully.

Other Court-Ordered Relief

In some disputes, the court may enter an order affecting or removing the notice. The available relief will depend on the claims, procedural history, and evidence presented in the case.

Removing a lis pendens is not necessarily the same as resolving the underlying ownership dispute. Some cases may also involve a quiet title action or another claim seeking a judicial determination concerning title or ownership.

Can Someone File a Lis Pendens Over a Contract Dispute?

Not every lawsuit involving a property transaction supports a lis pendens.

A dispute seeking only monetary damages may not constitute a claim affecting title to, an interest in, or an encumbrance against the property. The court will consider the actual claims and requested relief rather than merely whether the disagreement somehow relates to real estate.

For example, a dispute about who is entitled to ownership of property may be different from a lawsuit seeking compensation for an alleged breach of contract. Whether a lis pendens is legally appropriate depends upon the pleadings and the substance of the requested relief.

What Happens If a Lis Pendens Was Wrongfully Filed?

A property owner may have grounds to challenge a lis pendens that is unsupported by a qualifying real-property claim or that otherwise fails to satisfy Texas law.

The available response may include seeking expunction, requesting other relief from the court, or evaluating whether additional claims or remedies are available. The correct approach depends on the filing, the pending lawsuit, and the harm allegedly caused.

Because a lis pendens can interfere with a pending sale, financing, or other transaction, property owners should address a questionable notice promptly.

Is a Lis Pendens the Same as a Cloud on Title?

No, but a lis pendens can create a cloud on title.

A cloud on title is a broader term describing a claim, document, lien, defect, or other issue that creates uncertainty about property ownership or marketability. A lis pendens is a specific recorded notice informing the public that litigation affecting the property is pending.

Learn more about other problems that may affect ownership in our guide to clouds on title in Texas.

Is a Lis Pendens the Same as a Quiet Title Lawsuit?

No. A quiet title action is a lawsuit used in certain circumstances to address an allegedly invalid or unenforceable claim affecting property ownership. A lis pendens is a notice filed in the property records concerning pending litigation.

A lis pendens may be filed in connection with a quiet title lawsuit, but the two documents serve different purposes. The lawsuit asks the court to resolve the dispute, while the lis pendens gives notice that the dispute exists.

Our quiet title action guide explains when court involvement may be necessary to address competing claims or instruments affecting Texas property.

What Should You Do If You Discover a Lis Pendens on Your Property?

First, obtain a copy of the recorded notice and the pleadings filed in the related lawsuit. Do not rely only on a notation in a title commitment or a statement that litigation exists.

Helpful documents may include:

• The recorded lis pendens

• The original petition and amended pleadings

• Any citation or notice that was served

• The current deed and prior deeds

• The title commitment or title policy

• The purchase and sale contract

• Relevant agreements or correspondence

• Court orders concerning the property

• Documents supporting your ownership claim

A Texas property survey may also be helpful if the litigation involves boundaries, legal descriptions, encroachments, or the physical location of the property.