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Tex. Prop. Code § 12.0071 (2026)

Motion To Expunge Lis Pendens

✓ current as of May 2026
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Sec. 12.0071. MOTION TO EXPUNGE LIS PENDENS. (a) A party to an action in connection with which a notice of lis pendens has been filed may:

(1) apply to the court to expunge the notice; and

(2) file evidence, including declarations, with the motion to expunge the notice.

(b) The court may:

(1) permit evidence on the motion to be received in the form of oral testimony; and

(2) make any orders the court considers just to provide for discovery by a party affected by the motion.

(c) The court shall order the notice of lis pendens expunged if the court determines that:

(1) the pleading on which the notice is based does not contain a real property claim;

(2) the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim; or

(3) the person who filed the notice for record did not serve a copy of the notice on each party entitled to a copy under Section 12.007(d).

(d) Notice of a motion to expunge under Subsection (a) must be served on each affected party on or before the 20th day before the date of the hearing on the motion.

(e) The court shall rule on the motion for expunction based on the affidavits and counteraffidavits on file and on any other proof the court allows.

(f) After a certified copy of an order expunging a notice of lis pendens has been recorded:

(1) the notice of lis pendens and any information derived or that could be derived from the notice:

(A) does not:

(i) constitute constructive or actual notice of any matter contained in the notice or of any matter relating to the action in connection with which the notice was filed;

(ii) create any duty of inquiry in a person with respect to the property described in the notice; or

(iii) affect the validity of a conveyance to a purchaser for value or of a mortgage to a lender for value; and

(B) is not enforceable against a purchaser or lender described by Paragraph (A)(iii), regardless of whether the purchaser or lender knew of the lis pendens action; and

(2) an interest in the real property may be transferred or encumbered free of all matters asserted or disclosed in the notice and all claims or other matters asserted or disclosed in the action in connection with which the notice was filed.

(g) The court in its discretion may require that the party prevailing in the expunction hearing submit an undertaking to the court in an amount determined by the court.

Added by Acts 2009, 81st Leg., R.S., Ch. 297 (H.B. 396), Sec. 2, eff. September 1, 2009.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 47 (S.B. 1955), Sec. 1, eff. September 1, 2017.

Notes of Decisions
Cited in 50 cases (16 in the last 5 years), 2011–2025 · 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).
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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 15× “B, 1955 (to be codified as an amendment to Tex. Prop. Code § 12.0071) ("The change in law made by this Act applies only to a certified copy of an order expunging a notice of lis pendens recorded on or after the effective date of this Act.”
Nat'l City Bank of Indiana v. Ortiz, 401 S.W.3d 867 (Tex. App. 2013). · cites it 11× “On the same day that it rendered final judgment, the trial court signed an order denying Ortiz’s motion under Texas Property Code section 12.0071 to expunge a notice of lis pendens filed by the Bank Parties.”
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc., 469 S.W.3d 173 (Tex. App. 2015). · cites it 14× ““The trial court erred in granting Sandcastle’s summary judgment because Tex. Prop. Code § 12.0071 is unconstitutional and did not provide the trial court a permissible basis by which to expunge Mr.”
In Re Cohen, 340 S.W.3d 889 (Tex. App. 2011). · cites it 3× “Tex. PROP. Code Ann. § 12.0071 (Vernon Supp.”
in Re Moody Nat'l Kirby Houston S, LLC, 412 S.W.3d 570 (Tex. App. 2013). · cites it 11× “See TEX. PROP. CODE ANN. § 12.0071 (West Supp.”
David Powers Homes, Inc. v. M. L. Rendleman Co., Inc. D/B/A Fiberglass Insulators, 355 S.W.3d 327 (Tex. App. 2011). · cites it 2× “See Tex. Prop.Code Ann. § 12.0071(a) (Vernon Supp.”
IQ Holdings, Inc., Yohanne Gupta & Saroj Gupta v. Villa D'Este Condo. Owner's Ass'n, Inc. & Lee Blask, 509 S.W.3d 367 (Tex. App. 2014). · cites it 3× “Lis Pendens The Gupta Parties also argue that the arbitration award should be vacated, modified, or corrected because the arbitrator failed to require that the Association abide by its agreement in the Rule 11 agreement to secure the “Dismissal with prejudice and expungement of…”
in Re Rescue Concepts, Inc., 498 S.W.3d 190 (Tex. App. 2016). · cites it 3× “lis pendens pursuant to Texas Property Code section 12.0071 and asked the trial.”
in Re I-10 Poorman Investments, Inc., 549 S.W.3d 614 (Tex. App. 2017). · cites it 3× “See TEX. PROP. CODE § 12.0071(c) (enumerating bases for expunction in the disjunctive).”
Cnty. Inv., LP v. Royal West Inv., LLC, Series E & Shawn Shabazi, 513 S.W.3d 575 (Tex. App. 2016). · cites it 2× “0071, prescribing circumstances under which a “party to an action in connection with which a notice of lis pendens has been filed,” may obtain expunction of the lis pendens, see Tex. Prop. Code Ann. § 12.0071 (West 2014), requires twenty days’ notice of the hearing on the motion…”
In Re: Huffines Retail Partners, L.P., 978 F.3d 128 (5th Cir. 2020). “Tex. Prop. Code § 12.0071(b)(1), (e). See also In re Collins, 172 S.”
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. (Tex. 2017). · cites it 6× “” TEX. PROP. CODE § 12.0071(c)(1), (3). 6 In this way, the Legislature provided a method to remove the cloud on title created by the lis-pendens notice and the underlying lawsuit when that suit lacks merit.”
Show all 50 citing cases →
— Tex. Prop. Code § 12.0071(a) — 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). “B, 1955 (to be codified as an amendment to Tex. Prop. Code § 12.0071) ("The change in law made by this Act applies only to a certified copy of an order expunging a notice of lis pendens recorded on or after the effective date of this Act.”
David Powers Homes, Inc. v. M. L. Rendleman Co., Inc. D/B/A Fiberglass Insulators, 355 S.W.3d 327 (Tex. App. 2011). “See Tex. Prop.Code Ann. § 12.0071(a) (Vernon Supp.”
IQ Holdings, Inc., Yohanne Gupta & Saroj Gupta v. Villa D'Este Condo. Owner's Ass'n, Inc. & Lee Blask, 509 S.W.3d 367 (Tex. App. 2014). “Lis Pendens The Gupta Parties also argue that the arbitration award should be vacated, modified, or corrected because the arbitrator failed to require that the Association abide by its agreement in the Rule 11 agreement to secure the “Dismissal with prejudice and expungement of…”
in Re: Saleh Elisa & Carzone Investors, Inc. (Tex. App. 2022).
In Re Randy G. Calhoun v. the State of Texas (Tex. App. 2024).
— Tex. Prop. Code § 12.0071(a)(1) — 4 cases
Nat'l City Bank of Indiana v. Ortiz, 401 S.W.3d 867 (Tex. App. 2013). “On the same day that it rendered final judgment, the trial court signed an order denying Ortiz’s motion under Texas Property Code section 12.0071 to expunge a notice of lis pendens filed by the Bank Parties.”
Pelletier Mgmt. & Consulting, LLC v. InterBank (S.D. Tex. 2022).
in Re Albert Ortiz (Tex. App. 2013).
in Re Albert Ortiz (Tex. App. 2012).
— Tex. Prop. Code § 12.0071(b) — 1 case
Nat'l City Bank of Indiana v. Ortiz, 401 S.W.3d 867 (Tex. App. 2013). “On the same day that it rendered final judgment, the trial court signed an order denying Ortiz’s motion under Texas Property Code section 12.0071 to expunge a notice of lis pendens filed by the Bank Parties.”
— Tex. Prop. Code § 12.0071(b)(1) — 1 case
In Re: Huffines Retail Partners, L.P., 978 F.3d 128 (5th Cir. 2020). “Tex. Prop. Code § 12.0071(b)(1), (e). See also In re Collins, 172 S.”
— Tex. Prop. Code § 12.0071(b)(2) — 2 cases
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc., 469 S.W.3d 173 (Tex. App. 2015). ““The trial court erred in granting Sandcastle’s summary judgment because Tex. Prop. Code § 12.0071 is unconstitutional and did not provide the trial court a permissible basis by which to expunge Mr.”
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc. (Tex. App. 2015).
— Tex. Prop. Code § 12.0071(c) — 6 cases
Nat'l City Bank of Indiana v. Ortiz, 401 S.W.3d 867 (Tex. App. 2013). “On the same day that it rendered final judgment, the trial court signed an order denying Ortiz’s motion under Texas Property Code section 12.0071 to expunge a notice of lis pendens filed by the Bank Parties.”
In Re Cohen, 340 S.W.3d 889 (Tex. App. 2011). “Tex. PROP. Code Ann. § 12.0071 (Vernon Supp.”
David Powers Homes, Inc. v. M. L. Rendleman Co., Inc. D/B/A Fiberglass Insulators, 355 S.W.3d 327 (Tex. App. 2011). “See Tex. Prop.Code Ann. § 12.0071(a) (Vernon Supp.”
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc., 469 S.W.3d 173 (Tex. App. 2015). ““The trial court erred in granting Sandcastle’s summary judgment because Tex. Prop. Code § 12.0071 is unconstitutional and did not provide the trial court a permissible basis by which to expunge Mr.”
in Re I-10 Poorman Investments, Inc., 549 S.W.3d 614 (Tex. App. 2017). “See TEX. PROP. CODE § 12.0071(c) (enumerating bases for expunction in the disjunctive).”
— Tex. Prop. Code § 12.0071(c)(1) — 8 cases
Pelletier Mgmt. & Consulting, LLC v. InterBank (S.D. Tex. 2022).
Glynn Walker & Melinda Dea Walker v. William Ralph Layne Walker A/K/A Layne Walker, Ronald Linn Walker (Tex. App. 2020).
in Re: Stacey D. Son (Tex. App. 2022).
In Re Randy G. Calhoun v. the State of Texas (Tex. App. 2024).
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. (Tex. 2017). “” TEX. PROP. CODE § 12.0071(c)(1), (3). 6 In this way, the Legislature provided a method to remove the cloud on title created by the lis-pendens notice and the underlying lawsuit when that suit lacks merit.”
— Tex. Prop. Code § 12.0071(c)(2) — 11 cases
Nat'l City Bank of Indiana v. Ortiz, 401 S.W.3d 867 (Tex. App. 2013). “On the same day that it rendered final judgment, the trial court signed an order denying Ortiz’s motion under Texas Property Code section 12.0071 to expunge a notice of lis pendens filed by the Bank Parties.”
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). “B, 1955 (to be codified as an amendment to Tex. Prop. Code § 12.0071) ("The change in law made by this Act applies only to a certified copy of an order expunging a notice of lis pendens recorded on or after the effective date of this Act.”
in Re Moody Nat'l Kirby Houston S, LLC, 412 S.W.3d 570 (Tex. App. 2013). “See TEX. PROP. CODE ANN. § 12.0071 (West Supp.”
in Re I-10 Poorman Investments, Inc., 549 S.W.3d 614 (Tex. App. 2017). “See TEX. PROP. CODE § 12.0071(c) (enumerating bases for expunction in the disjunctive).”
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc., 469 S.W.3d 173 (Tex. App. 2015). ““The trial court erred in granting Sandcastle’s summary judgment because Tex. Prop. Code § 12.0071 is unconstitutional and did not provide the trial court a permissible basis by which to expunge Mr.”
— Tex. Prop. Code § 12.0071(c)(3) — 1 case
in Re Moody Nat'l Kirby Houston S, LLC, 412 S.W.3d 570 (Tex. App. 2013). “See TEX. PROP. CODE ANN. § 12.0071 (West Supp.”
— Tex. Prop. Code § 12.0071(d) — 1 case
in Re Moody Nat'l Kirby Houston S, LLC (Tex. App. 2013).
— Tex. Prop. Code § 12.0071(e) — 1 case
in Re Moody Nat'l Kirby Houston S, LLC, 412 S.W.3d 570 (Tex. App. 2013). “See TEX. PROP. CODE ANN. § 12.0071 (West Supp.”
— Tex. Prop. Code § 12.0071(e)(1) — 1 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). “B, 1955 (to be codified as an amendment to Tex. Prop. Code § 12.0071) ("The change in law made by this Act applies only to a certified copy of an order expunging a notice of lis pendens recorded on or after the effective date of this Act.”
— Tex. Prop. Code § 12.0071(f) — 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). “B, 1955 (to be codified as an amendment to Tex. Prop. Code § 12.0071) ("The change in law made by this Act applies only to a certified copy of an order expunging a notice of lis pendens recorded on or after the effective date of this Act.”
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc., 469 S.W.3d 173 (Tex. App. 2015). ““The trial court erred in granting Sandcastle’s summary judgment because Tex. Prop. Code § 12.0071 is unconstitutional and did not provide the trial court a permissible basis by which to expunge Mr.”
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. (Tex. 2017). “” TEX. PROP. CODE § 12.0071(c)(1), (3). 6 In this way, the Legislature provided a method to remove the cloud on title created by the lis-pendens notice and the underlying lawsuit when that suit lacks merit.”
Johnny Aguinaga v. JAT Projects Holdings Texas, LLC, & JAT Real Prop. Holdings Texas, LLC (Tex. App. 2022).
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc. (Tex. App. 2015).
— Tex. Prop. Code § 12.0071(f)(1) — 1 case
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc. (Tex. App. 2015).
— Tex. Prop. Code § 12.0071(f)(1)(A) — 1 case
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc., 469 S.W.3d 173 (Tex. App. 2015). ““The trial court erred in granting Sandcastle’s summary judgment because Tex. Prop. Code § 12.0071 is unconstitutional and did not provide the trial court a permissible basis by which to expunge Mr.”
— Tex. Prop. Code § 12.0071(f)(1)(A)(i) — 1 case
U.S. Bank Nat'l Ass'n as Legal Title Tr. for Truman 2016 SC6 Title Trust v. Garson B. Silvers, Zeons, Inc., Athas Capital Grp., Inc., Rama Fund, LLC, White Glass Lending, LLC, AMF Holdings, LLC, Seabrook Capital LLC (Tex. App. 2024).
— Tex. Prop. Code § 12.0071(f)(2) — 2 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). “B, 1955 (to be codified as an amendment to Tex. Prop. Code § 12.0071) ("The change in law made by this Act applies only to a certified copy of an order expunging a notice of lis pendens recorded on or after the effective date of this Act.”
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. (Tex. 2017). “” TEX. PROP. CODE § 12.0071(c)(1), (3). 6 In this way, the Legislature provided a method to remove the cloud on title created by the lis-pendens notice and the underlying lawsuit when that suit lacks merit.”
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