Motion to Cancel Lis Pendens  
(TX)

Summary

This is a template for a motion to cancel lis pendens that may be used in Texas to move to cancel a notice of lis pendens that has been filed against real property. This template contains practical guidance and drafting notes. In Texas, a notice of pendency of an action involving title to real estate, seeking to establish a right or interest in real property, or seeking to enforce a lien, charge, or encumbrance against real property may be filed with the county clerk of the county where the property is situated. Tex. Prop. Code § 12.007. The purpose of filing the lis pendens is to provide formal notice to potential buyers and parties wishing to place a lien on a property that the action is pending. Under Tex. Prop. Code § 12.008, the court may cancel a notice of lis pendens on the motion of (1) a party to the pending suit or (2) any other person with an interest in the property or the result of the action. The movant must show that adequate relief can be secured the action by the deposit of money or posting of a bond. Tex. Prop. Code § 12.008(a). If a money deposit is given, it must be equal to: • The amount of the judgment sought in the action • Interest likely to accrue during its pendency –and– • Costs Tex. Prop. Code § 12.008(b). If a bond is given, it must be in a sum double the amount of the judgments sought to be recovered with two sufficient sureties and on the condition that if a final judgment is entered in favor of the party that filed the lis pendens, the person applying for cancellation will pay the judgment or judgments, with interest and costs. Tex. Prop. Code § 12.008(c). This template should not be used if the movant is challenging the validity of the lis pendens. In that case, the movant should seek to expunge the lis pendens pursuant to Tex. Prop. Code § 12.0071. For a template for a notice of lis pendens, see Notice of Lis Pendens (TX). For information about the foreclosure process in Texas, see Commercial Foreclosure Resource Kit (TX) and Residential Foreclosure (TX). For general guidance on purchasing and selling real estate in Texas, see Purchasing and Selling Commercial Real Estate Resource Kit (TX) and Residential Purchase and Sale Transactions Resource Kit (TX).