Sec. 12.007. LIS PENDENS. (a) After the plaintiff's statement in an eminent domain proceeding is filed or 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, a party to the action who is seeking affirmative relief may file for record with the county clerk of each county where a part of the property is located a notice that the action is pending.
(b) The party filing a lis pendens or the party's agent or attorney shall sign the lis pendens, which must state:
(1) the style and number, if any, of the proceeding;
(2) the court in which the proceeding is pending;
(3) the names of the parties;
(4) the kind of proceeding; and
(5) a description of the property affected.
(c) The county clerk shall record the notice in a lis pendens record. The clerk shall index the record in a direct and reverse index under the name of each party to the proceeding.
(d) Not later than the third day after the date a person files a notice for record under this section, the person must serve a copy of the notice on each party to the action who has an interest in the real property affected by the notice.
Acts 1983, 68th Leg., p. 3491, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 297 (H.B. 396), Sec. 1, eff. September 1, 2009.
Notes of Decisions
Cited in
121
cases (
18 in the last 5 years), 1985–2025 · leading case:
Ron Sommers, as Chapter 7 Tr. for Alabama & Dunlavy, Ltd., Flat Stone II, Ltd., & Flat Stone, Ltd., & as Successor in Interest to Jay Cohen, Individually & as Tr. of the Jhc Trusts I & Ii v. Sandcastle Homes, Inc., 521 S.W.3d 749 (Tex. 2017).
Ron Sommers, as Chapter 7 Tr. for Alabama & Dunlavy, Ltd., Flat Stone II, Ltd., & Flat Stone, Ltd., & as Successor in Interest to Jay Cohen, Individually & as Tr. of the Jhc Trusts I & Ii v. Sandcastle Homes, Inc., 521 S.W.3d 749 (Tex. 2017).
· cites it 6× “”) (citing TEX. PROP. CODE §§ 12.007, 13.004). 17 See P.”
In Re Jamail, 156 S.W.3d 104 (Tex. App. 2004).
· cites it 6× “See Tex. Prop.Code Ann. § 12.007 (West 2004).”
Khraish v. Hamed, 762 S.W.2d 906 (Tex. App. 1988).
· cites it 8× “TEX.PROP.CODE ANN. § 12.007 (Vernon 1984).”
First Nat'l Petroleum Corp. v. Lloyd, 908 S.W.2d 23 (Tex. App. 1995).
· cites it 4× “In their petition for writ of mandamus, FNPC and NIC assert they are entitled to mandamus relief concerning the court's order to release their lis pendens on Lot 3 because their pleadings bring them under section Tex.Prop.Code Ann. § 12.007(a) (Vernon 1984).”
In Re Collins, 172 S.W.3d 287 (Tex. App. 2005).
· cites it 2× “Tex. Prop.Code Ann. § 12.007(a) (Vernon 2004).”
Mary Louise Serafine v. Alexander Blunt & Ashley Blunt, 466 S.W.3d 352 (Tex. App. 2015).
“See Tex. Prop. Code § 12.007. The Blunts rely on an incomplete chain of correspondence that they assert establishes Serafine’s knowledge that her claims against their property are not valid.”
World Sav. Bank, F.S.B. v. Gantt, 246 S.W.3d 299 (Tex. App. 2008).
· cites it 2× “Analysis Under the Texas Property Code Section 12.007, a party to an action involving title to real property may file a lis pendens notice with the county clerk where the property is located.”
In Re Cohen, 340 S.W.3d 889 (Tex. App. 2011).
· cites it 2× “Tex. PROP. Code Ann. § 12.007 (a) (Vernon Supp.”
In re State, 355 S.W.3d 611 (Tex. 2011).
“See Tex. Prop.Code § 12.007 (authorizing the filing of a notice of lis pendens in eminent domain actions).”
— Tex. Prop. Code § 12.007(a) — 42 cases
Ron Sommers, as Chapter 7 Tr. for Alabama & Dunlavy, Ltd., Flat Stone II, Ltd., & Flat Stone, Ltd., & as Successor in Interest to Jay Cohen, Individually & as Tr. of the Jhc Trusts I & Ii v. Sandcastle Homes, Inc., 521 S.W.3d 749 (Tex. 2017).
“”) (citing TEX. PROP. CODE §§ 12.007, 13.004). 17 See P.”
In Re Jamail, 156 S.W.3d 104 (Tex. App. 2004).
“See Tex. Prop.Code Ann. § 12.007 (West 2004).”
First Nat'l Petroleum Corp. v. Lloyd, 908 S.W.2d 23 (Tex. App. 1995).
“In their petition for writ of mandamus, FNPC and NIC assert they are entitled to mandamus relief concerning the court's order to release their lis pendens on Lot 3 because their pleadings bring them under section Tex.Prop.Code Ann. § 12.007(a) (Vernon 1984).”
In Re Collins, 172 S.W.3d 287 (Tex. App. 2005).
“Tex. Prop.Code Ann. § 12.007(a) (Vernon 2004).”
— Tex. Prop. Code § 12.007(b) — 5 cases
Ron Sommers, as Chapter 7 Tr. for Alabama & Dunlavy, Ltd., Flat Stone II, Ltd., & Flat Stone, Ltd., & as Successor in Interest to Jay Cohen, Individually & as Tr. of the Jhc Trusts I & Ii v. Sandcastle Homes, Inc., 521 S.W.3d 749 (Tex. 2017).
“”) (citing TEX. PROP. CODE §§ 12.007, 13.004). 17 See P.”
In Re Cohen, 340 S.W.3d 889 (Tex. App. 2011).
“Tex. PROP. Code Ann. § 12.007 (a) (Vernon Supp.”
— Tex. Prop. Code § 12.007(c) — 1 case
— Tex. Prop. Code § 12.007(d) — 3 cases
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