Can I Remove or Expunge a Lis Pendens?

When someone files a lis pendens against your property, it can halt sales, complicate refinancing, and damage your financial interests. If you’re facing an improperly filed lis pendens or need to remove one affecting your real estate, call (713) 850-9700 to schedule a consultation with a trusted real estate attorney at Hensley & Krueger, PLLC. With over 50 years of experience in property law, you can depend on us to deliver favorable outcomes.

Can I Remove or Expunge a Lis Pendens?

Yes, you can remove or expunge a lis pendens under certain circumstances defined by Texas law. Property owners have several legal options for removing these notices when they are improperly filed, when the underlying case concludes, or when the claimant lacks a valid claim to the property.

Texas Property Code § 12.007(c) specifically authorizes courts to expunge a lis pendens if the pleadings fail to show a real property claim or if the party filing the notice did not establish probable cause for the claim. A lis pendens may also be removed through a negotiated settlement with the filing party, by posting a substitute bond, or by showing that the notice was procedurally defective.

This process involves filing a motion in the court overseeing the underlying case, and success typically depends on presenting strong legal arguments and supporting evidence.  Working with a qualified property law lawyer increases your chances of achieving a favorable result.

Valid Reasons for Expungement

Courts may expunge a lis pendens when property owners demonstrate legitimate grounds for removal. Understanding which arguments courts accept helps you build a strong case. Valid reasons include:

• The underlying lawsuit does not involve a real property claim.
• The party filing the notice lacks standing to claim an interest in the property.
• The pleadings fail to establish probable cause for the claim.
• The claimant filed the notice in bad faith to harass or damage the property owner.
• Procedural defects exist in how the notice was filed or served.
• The underlying lawsuit has been dismissed or resolved.
• The claimant agrees to voluntarily release the lis pendens.

The Process to Remove or Expunge a Lis Pendens

Removing a lis pendens requires following specific legal procedures, and presenting persuasive arguments to the court requires a strategic approach to build a strong case for removal. Carefully following each step and presenting well-supported legal arguments can significantly improve your chances of success:

• File a motion to expunge.
• Serve notice on all parties.
• Submit supporting evidence.
• Attend the court hearing.
• Obtain a court order.

How a Property Law Attorney Helps Remove or Expunge a Lis Pendens

An experienced property law attorney can be vital to removing improperly filed lis pendens notices and safeguarding your property rights. Skilled legal representation helps you pursue the most effective strategy while avoiding procedural errors that could weaken your case.

Negotiates for a Voluntary Release

Many lis pendens disputes are resolved through negotiation rather than litigation. Your real estate attorney can contact the opposing party to discuss voluntary removal of the notice in exchange for concessions or as part of a broader settlement agreement.

Files a Motion to Expunge

When voluntary removal proves unsuccessful, your attorney prepares and files a comprehensive motion to expunge the lis pendens. The motion must present compelling legal arguments and supporting documentation. Providing clear, persuasive evidence in support of your expungement request strengthens your case and increases the likelihood that the court will grant your motion. Evidence your attorney may present includes:

• Title documents that show clear ownership without the claimed interest.
• Contracts or deeds disproving the claimant’s alleged rights.
• Financial records demonstrating the absence of the claimed debt or obligation.
• Affidavits from witnesses with knowledge of the property’s history.
• Expert opinions regarding property law or title matters.
• Documentation showing the underlying case lacks merit.

Challenges to the Legitimacy of the Claim

Demonstrating that the underlying case does not support a lis pendens provides substantial grounds for expungement. Your lawyer evaluates whether the underlying lawsuit actually involves a real property claim as required by Texas law. Many lis pendens filings fail this fundamental requirement. Challenges to legitimacy may include:

• The lawsuit involves only monetary damages without property claims.
• The pleadings contain no specific allegations regarding property rights.
• The claimant seeks relief unrelated to title, possession, or property interests.
• The complaint fails to identify the property with sufficient specificity.
• The claim involves personal property rather than real estate.

Demonstrates Procedural Errors

Courts may expunge a lis pendens when the filing party fails to follow the required procedures. Your attorney examines the filing for technical defects that warrant removal. Common procedural errors include filing the notice in the wrong county, failing to properly serve all necessary parties, omitting required information from the notice, or filing the lis pendens before commencing the underlying lawsuit. Identifying these mistakes provides an independent basis for expungement regardless of the underlying claim’s merits.

Handles Litigation

Property disputes involving a lis pendens often require handling multiple legal proceedings at once. Your attorney advocates for your interests in the underlying property litigation while also seeking to remove the lis pendens from public records.

Effective representation in both proceedings protects your ownership rights and works toward resolving the entire dispute. Your lawyer will craft a comprehensive strategy that addresses both the lis pendens removal and the core property issues.

Advises on Consequences for Wrongful Filing

When someone files a lis pendens in bad faith or without probable cause, they may face legal consequences. Real estate attorneys can pursue claims for damages, attorneys’ fees, and sanctions against parties who abuse the lis pendens process.

Don’t Wait, Contact a Property Law Attorney Today

A lis pendens on your property creates serious obstacles to selling, refinancing, or leveraging your real estate assets. The longer the notice remains on public record, the more damage it can cause to your financial interests and plans. Prompt action increases your chances of successfully removing the notice and restoring a clear title to your property.

Call Hensley & Krueger, PLLC at (713) 850-9700 or reach out online to schedule a consultation with an experienced real estate lawyer. Our attorneys understand Texas property law and will work diligently to protect your rights and remove improperly filed lis pendens notices from your real estate.

Contact the experience lawyers at Hensley & Krueger Attorneys PLLC today & schedule your free consultation. We proudly serve Houston & all throughout Texas. Visit our law office at:

5615 Kirby Dr Suite 720,
Houston, TX 77005, United States

Phone: (713) 850 9700