Tex. Codes » Property Code · TITLE 3. PUBLIC RECORDS · CHAPTER 13. EFFECTS OF RECORDING
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Tex. Prop. Code § 13.004 (2026)

Effect Of Recording Lis Pendens

✓ current as of May 2026
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Sec. 13.004. EFFECT OF RECORDING LIS PENDENS. (a) A recorded lis pendens is notice to the world of its contents. The notice is effective from the time it is filed for record and indexed as provided by Section 12.007(c), regardless of whether service has been made on the parties to the proceeding.

(b) A transfer or encumbrance of real property involved in a proceeding by a party to the proceeding to a third party who has paid a valuable consideration and who does not have actual or constructive notice of the proceeding is effective, even though the judgment is against the party transferring or encumbering the property, unless a notice of the pendency of the proceeding has been recorded and indexed under that party's name as provided by Section 12.007(c) in each county in which the property is located.

Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 437 (S.B. 1187), Sec. 1, eff. September 1, 2011.

Notes of Decisions
Cited in 30 cases (9 in the last 5 years), 1988–2025 · leading 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).
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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 6× “” Cohen argues that while the lis pendens operated as constructive notice “to the world of its contents,” TEX. PROP. CODE § 13.004(a), “actual notice is binding independent of any question of constructive notice.”
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). “); see also Tex. Prop. Code § 13.004(b) (“A transfer or encumbrance of real property involved in a proceeding .”
Long Beach Mortg. Co. v. Evans, 284 S.W.3d 406 (Tex. App. 2009). · cites it 3× “See Tex. Prop.Code Ann. § 13.004 (Vernon 2004).”
State v. Silver Chevrolet Pickup VIN 1GCEC14T7YE257128 Tag No. 3TMX16, 140 S.W.3d 691 (Tex. 2004). “3d at 876 ; see also TEX. PROP.CODE § 13.004(b) (“A transfer or encumbrance of real property involved in a proceeding by a party to the proceeding to a third party who has paid valuable consideration and who' does not have actual or constructive notice of the proceeding is…”
in Re Rescue Concepts, Inc., 498 S.W.3d 190 (Tex. App. 2016). · cites it 2× “” Tex. Prop. Code Ann. § 13.004 (a); see also B & T Distribs.”
In Re Fitzmaurice, 141 S.W.3d 802 (Tex. App. 2004). · cites it 2× “; TEX. PROP.CODE ANN. § 13.004 (Vernon 2004).”
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. § 13.004(a) (Vernon 2004); see also B & T Distribs.”
In re Miller, 433 S.W.3d 82 (Tex. App. 2014). “3d at 336 (quoting Tex. Prop.Code Ann. § 13.004(a) (West Supp.”
In Re Cohen, 340 S.W.3d 889 (Tex. App. 2011). “” See Tex. Prop.Code Ann. § 13.004(a) (Vernon 2003); see also B & T Distribs.”
Khraish v. Hamed, 762 S.W.2d 906 (Tex. App. 1988). · cites it 2× “—El Paso 1926, no writ); see also TEX.PROP.CODE ANN. § 13.004(a) (Vernon 1984) (recorded lis pendens is notice to the world of its contents).”
B & T Distributors, Inc. v. White, 325 S.W.3d 786 (Tex. App. 2010). “Tex. Prop.Code Ann. § 13.004(a) (Vernon 2004) (emphasis added).”
Cherokee Water Co. v. Advance Oil & Gas Co., 843 S.W.2d 132 (Tex. App. 1992). “Tex.Prop.Code Ann. § 13.004 (Vernon 1984); Roberts v.”
Show all 30 citing cases →
— Tex. Prop. Code § 13.004(a) — 13 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). “” Cohen argues that while the lis pendens operated as constructive notice “to the world of its contents,” TEX. PROP. CODE § 13.004(a), “actual notice is binding independent of any question of constructive notice.”
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. § 13.004(a) (Vernon 2004); see also B & T Distribs.”
In re Miller, 433 S.W.3d 82 (Tex. App. 2014). “3d at 336 (quoting Tex. Prop.Code Ann. § 13.004(a) (West Supp.”
In Re Cohen, 340 S.W.3d 889 (Tex. App. 2011). “” See Tex. Prop.Code Ann. § 13.004(a) (Vernon 2003); see also B & T Distribs.”
Khraish v. Hamed, 762 S.W.2d 906 (Tex. App. 1988). “—El Paso 1926, no writ); see also TEX.PROP.CODE ANN. § 13.004(a) (Vernon 1984) (recorded lis pendens is notice to the world of its contents).”
— Tex. Prop. Code § 13.004(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). “); see also Tex. Prop. Code § 13.004(b) (“A transfer or encumbrance of real property involved in a proceeding .”
State v. Silver Chevrolet Pickup VIN 1GCEC14T7YE257128 Tag No. 3TMX16, 140 S.W.3d 691 (Tex. 2004). “3d at 876 ; see also TEX. PROP.CODE § 13.004(b) (“A transfer or encumbrance of real property involved in a proceeding by a party to the proceeding to a third party who has paid valuable consideration and who' does not have actual or constructive notice of the proceeding is…”
Jay H. Cohen, Individually & as Tr. of the JHC Trust I & II v. Sandcastle Homes, Inc., 469 S.W.3d 173 (Tex. App. 2015). “” Cohen argues that while the lis pendens operated as constructive notice “to the world of its contents,” TEX. PROP. CODE § 13.004(a), “actual notice is binding independent of any question of constructive notice.”
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).
in Re: Robert J. Gaudet, Jr. (Tex. App. 2021).
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