Texas · TitleTexas lis pendens: filing, notice to the world and getting it expunged before closing

In a Texas suit involving title to real property, an interest in it or the enforcement of an encumbrance, a party seeking affirmative relief may file a signed notice of the pending action with the county clerk of each county where the property lies, stating the case style and number, the court, the parties, the kind of proceeding and the property; the filer must serve a copy on every party with an interest in the property no later than the third day after filing (Tex. Prop. Code §12.007). Once filed and indexed it is notice to the world, whether or not the parties have been served, and a buyer or lender for value takes subject to the suit (§13.004). A party can move to expunge it: the court must order expunction if the pleading has no real property claim, the claimant doesn't show the claim's probable validity by a preponderance of the evidence, or the copy wasn't served as required; notice of the motion goes to each affected party at least 20 days before the hearing. After a certified copy of the expunction order is recorded, the notice no longer gives notice or creates a duty of inquiry, and the property can be sold or mortgaged free of the matters in it (§12.0071). The court may instead cancel the lis pendens if the claimant can be protected by a deposit or undertaking (§12.008).