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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.—Houston [1st Dist.] 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.—Houston [1st Dist.] 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.—Dallas 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.—Houston [1st Dist.] 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.—Beaumont 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.—Houston [1st Dist.] 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.—Houston [1st Dist.] 2014). “3d at 336 (quoting Tex. Prop.Code Ann. § 13.004(a) (West Supp.”
In Re Cohen, 340 S.W.3d 889 (Tex. App.—Houston [1st Dist.] 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.—Dallas 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.—El Paso 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.—Texarkana 1992). “Tex.Prop.Code Ann. § 13.004 (Vernon 1984); Roberts v.”
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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.—Houston [1st Dist.] 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.—Houston [1st Dist.] 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.—Houston [1st Dist.] 2014). “3d at 336 (quoting Tex. Prop.Code Ann. § 13.004(a) (West Supp.”
In Re Cohen, 340 S.W.3d 889 (Tex. App.—Houston [1st Dist.] 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.—Dallas 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.—Houston [1st Dist.] 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., No. 15-0847 (Tex. June 16, 2017).
in Re: Robert J. Gaudet, Jr., No. 08-21-00054-CV (Tex. App.—El Paso Apr. 22, 2021).
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