Can You Sell a House With a Lis Pendens in Texas?
- Delilah Walter
- 3 days ago
- 3 min read
You are preparing to sell a Texas property when the title company discovers something unexpected in the property records: a lis pendens.
Does that mean the property cannot be sold?
Not necessarily—but a lis pendens can create a significant obstacle to completing a real estate transaction because it provides notice that the property is involved in pending litigation.
Texas Property Code §13.004 provides that a properly recorded lis pendens is notice to the world of its contents from the time it is filed and indexed.
Understanding what the notice means—and the lawsuit behind it—is often the first step toward determining whether a sale can move forward.
What Is a Lis Pendens in Texas?
“Lis pendens” generally refers to notice of a pending lawsuit involving real property.
Texas Property Code §12.007 governs when a lis pendens may be filed and requires the notice to contain specified information about the lawsuit and affected property.
For a complete explanation, read our Lis Pendens in Texas: What Property Owners Need to Know guide.
Does a Lis Pendens Prevent You From Selling Property?
A lis pendens does not itself function exactly like a court order prohibiting a sale.
However, the practical problem is significant.
Because the public record gives notice that litigation may affect rights in the property, a potential purchaser, lender, or title company may have serious concerns about proceeding while the lawsuit remains unresolved.
The underlying lawsuit therefore becomes critical.
What Happens When the Title Company Finds a Lis Pendens?
A title search may reveal the recorded notice before closing.
At that point, questions may arise about whether the transaction can proceed and whether title insurance can be issued without resolving the litigation or otherwise addressing the notice.
This is one reason reviewing a Texas title commitment before closing is so important.
A lis pendens can also create what is commonly described as a cloud on title because litigation may create uncertainty regarding ownership or another interest in the property.
Can the Lis Pendens Be Removed? Can I sell a house with a lis pendens in Texas?
Potentially.
Sometimes the underlying lawsuit is resolved and the notice is released. In other circumstances, a party may seek a court order expunging the lis pendens.
Texas Property Code §12.0071 provides a procedure for moving to expunge a lis pendens. Among other grounds, a court must order expunction if the underlying pleading does not contain a real-property claim, the claimant fails to establish the probable validity of the real-property claim by a preponderance of the evidence, or required service of the notice was not made.
Our guide to removing a lis pendens in Texas explains the expunction process in greater detail.
What Should a Property Owner Do?
Start by obtaining the recorded lis pendens and identifying the lawsuit referenced in the notice.
The property owner may also want to gather:
Purchase and sale documents
Deeds
Title commitments
Surveys
Contracts
Correspondence concerning the property
Pleadings and orders from the lawsuit
The goal is to understand why the lis pendens was filed, not merely that one appears in the property records.
Lis Pendens and San Antonio Real Estate
A lis pendens discovered during a San Antonio property transaction can involve overlapping issues concerning litigation, title, ownership, contracts and the ability to complete a sale.
A San Antonio real estate attorney can review the lawsuit, recorded notice, title records and transaction documents to help determine what options may be available.
Common Questions
Can you sell a house with a lis pendens in Texas?
A lis pendens does not necessarily make a conveyance physically impossible, but it provides public notice of litigation involving the property and can create significant title and closing complications.
Will a title company find a lis pendens?
A properly recorded and indexed lis pendens becomes part of the public property records and may be discovered during the title examination. Texas law provides that a recorded lis pendens constitutes notice to the world of its contents.
Does a lis pendens mean someone else owns the property?
No. The notice itself is not a final determination of ownership. It gives notice of pending litigation involving a claimed interest in the property.
Can a lis pendens be removed before the lawsuit ends?
Potentially. Texas law provides a procedure for seeking expunction of a lis pendens under specified circumstances.
Should I ignore a lis pendens if I am selling my house?
No. Because it may affect title and the transaction, the underlying litigation and recorded notice should be investigated.
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