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Tex. Prop. Code § 13.004

EFFECT OF RECORDING LIS PENDENS

Applied in 10 court decisions — leading case David Powers Homes, Inc. v. M. L. Rendleman Company, Inc. D/B/A Fiberglass Insulators (2011)

Most recently applied in in Re Rescue Concepts, Inc. (June 2016)

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

How often courts cite this section

199020002010201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.