What is a lis pendens in civil law?
A lis pendens in civil law is a legal document that is filed to alert potential buyers that a property is subject to a lawsuit. Once a lis pendens is filed, all interested parties must be informed of the pending case before a sale can take place. In Texas, a lis pendens can only be filed if there is an active lawsuit against the property – that is, if the plaintiff has already filed a complaint and served the defendant with a citation. The document must include the case number, court, the parties to the suit, the property involved, the nature of the claim, and the date the lis pendens was filed. The lis pendens also must be recorded in the county records where the property is located. This serves to notify anyone who may have an interest in the property of the pending lawsuit, such as a future buyer or a lender. Upon issuance of a judgment, the lis pendens can be removed from the public records.
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