What is a lis pendens in Texas?

It is a notice recorded in the county real property records stating that a lawsuit is pending that affects title to or an interest in specific real estate. Governed by Property Code section 12.007, it provides constructive notice, so a later buyer or lender takes any interest subject to the outcome of the suit. It is not a lien or a judgment — it is a warning that the property is tied up in litigation.

When can a lis pendens be filed?

Only when the lawsuit involves title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property, under Property Code section 12.007. A suit seeking only money damages does not qualify, no matter how large. The party seeking affirmative relief files the notice during the pendency of the eligible action in the county where the property sits.

Does a lis pendens have to be served on anyone?

Yes. Section 12.007(d) requires the person who files the notice to serve a copy on each party who has an interest in the affected real property no later than the third day after filing. This is a real requirement: failure to serve as required is one of the grounds on which a court must expunge the notice under section 12.0071, so a filer who skips service risks losing the protection entirely.

What is the difference between expunction and cancellation?

Expunction under section 12.0071 removes a notice that is improper or unproven — no real property claim, no probable validity, or bad service. Cancellation under section 12.008 lifts even a proper notice when the claimant can be adequately protected by a bond or deposit, substituting financial security for the cloud on title. One targets defective notices; the other frees property while protecting a valid claim.

How does a lis pendens affect a sale or refinance?

It generally stops it. Because title companies typically will not insure over a recorded lis pendens, the filing clouds title and can prevent a closing or refinance until the lawsuit resolves or the notice is expunged or cancelled. This practical leverage is exactly why the device is valuable to a legitimate claimant and why Texas provides statutory removal procedures to protect owners from an abusive filing.

Texas Lis Pendens: Property Code 12.007 & Expunction

TL;DR

A lis pendens — Latin for "pending suit" — is a notice recorded in the county real property records to warn the world that a lawsuit is pending that affects title to or an interest in a specific piece of real estate. In Texas it is governed by Property Code section 12.007, which lets a party to an eligible lawsuit file the notice during the pendency of the action. The critical limit is subject matter: a lis pendens is proper only when the suit actually involves title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property — it may not be used in a suit that is only about money damages. Once filed, the party must serve a copy on each affected party within three days. The practical effect is powerful: because title companies generally will not insure around a recorded lis pendens, the filing can effectively freeze a sale or refinance until the litigation is resolved. Texas also provides a safety valve against abuse. Under section 12.0071 a court must expunge the notice if the pleading contains no real property claim, if the claimant cannot establish the probable validity of the claim by a preponderance of the evidence, or if the notice was not properly served; and under section 12.008 a court may cancel the notice on an adequate deposit or bond.

What a lis pendens is

A lis pendens is not a lien and not a judgment. It is a notice — a recorded document that tells anyone searching the county real property records that a lawsuit is pending concerning the described property. Its function is constructive notice: once it is recorded, a later buyer or lender is charged with knowledge of the pending claim and generally takes any interest subject to the outcome of the lawsuit. That is what gives the device its force. A prospective purchaser or lender who sees a lis pendens knows that whatever they acquire could be undone or encumbered by the result of the suit.

Because it clouds title so effectively, a lis pendens is both a shield and a potential weapon. Used properly, it protects a genuine claimant's interest in specific real estate while the case is decided. Used improperly, it can pressure an opponent by tying up valuable property, which is why Texas law surrounds it with eligibility limits and removal procedures.

When a lis pendens is proper: section 12.007

Texas Property Code section 12.007 authorizes a lis pendens, but only in specific kinds of lawsuits. A party seeking affirmative relief may file the notice during the pendency of an action that involves one of three things: title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property. If the lawsuit fits one of these categories, the party may record the notice in the county where the property is located, and the notice must contain the style and cause number of the suit, the parties, the court, and a description of the property.

The boundary that generates the most litigation — and the most exam questions — is that a lis pendens is not available for a suit that merely seeks money. A claim for damages, even a large one, does not by itself involve title to or an interest in real property, so it cannot support a lis pendens. After filing, section 12.007 requires the filer to serve a copy of the notice on each party who has an interest in the affected real property, and that service must occur not later than the third day after the notice is filed. This service requirement is not a formality; failing it is one of the grounds a court can use to remove the notice. For how recorded notices generally affect subsequent purchasers, see our guide to the Texas recording statute and notice.

Removing a lis pendens: expunction and cancellation

Because a wrongful lis pendens can hold property hostage, Texas gives an affected party two routes to remove it. The primary route is expunction under Property Code section 12.0071. A party to the action affected by the notice may move to expunge it, and the court must order expunction if it determines any of three things: that the pleading on which the notice is based does not contain a real property claim; that the claimant has failed to establish, by a preponderance of the evidence, the probable validity of the real property claim; or that the person who filed the notice did not serve it as required by section 12.007(d). Notice of the motion must be served on each affected party at least twenty days before the hearing, and once a certified copy of an expunction order is recorded, the lis pendens no longer operates as notice — a later purchaser or lender takes free of it.

The second route is cancellation under section 12.008. Even where a lis pendens may be technically proper, a court may cancel it during the action if the party seeking affirmative relief can be adequately protected by a bond or deposit. Cancellation substitutes financial security for the cloud on title, freeing the property to be sold or financed while preserving the claimant's ability to recover. The two mechanisms serve different purposes: expunction removes an improper or unproven notice, while cancellation lifts even a proper notice in exchange for adequate protection.

Mechanism	Statute	Standard
Expunction	§ 12.0071	Court must expunge if no real property claim, no probable validity by a preponderance, or improper service
Cancellation	§ 12.008	Court may cancel if the claimant can be adequately protected by a deposit or bond

Why it matters in practice

For a licensee, the lis pendens is most visible through its effect on marketability. A recorded lis pendens will appear in a title search and land on the commitment, and because title companies generally will not insure over it, it can stop a transaction cold until the suit ends or the notice is removed. That is why a lis pendens is a frequent subject in disputes over specific performance, boundary and title claims, foreclosure challenges, and fraudulent-transfer actions — all of which genuinely involve real property.

The takeaway for the exam and for practice is to separate the proper use from the improper one. A suit to enforce a contract to convey the property, to quiet title, or to foreclose an interest supports a lis pendens; a suit merely to collect a debt does not. And when a notice is wrongly filed, the remedy is not self-help but a motion to expunge or cancel under the statute. Because these claims frequently arise alongside enforcement of liens and encumbrances, see our guide to nonjudicial foreclosure under Property Code Chapter 51.

Frequently Asked Questions

What is a lis pendens in Texas?: It is a notice recorded in the county real property records stating that a lawsuit is pending that affects title to or an interest in specific real estate. Governed by Property Code section 12.007, it provides constructive notice, so a later buyer or lender takes any interest subject to the outcome of the suit. It is not a lien or a judgment — it is a warning that the property is tied up in litigation.
When can a lis pendens be filed?: Only when the lawsuit involves title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property, under Property Code section 12.007. A suit seeking only money damages does not qualify, no matter how large. The party seeking affirmative relief files the notice during the pendency of the eligible action in the county where the property sits.
Does a lis pendens have to be served on anyone?: Yes. Section 12.007(d) requires the person who files the notice to serve a copy on each party who has an interest in the affected real property no later than the third day after filing. This is a real requirement: failure to serve as required is one of the grounds on which a court must expunge the notice under section 12.0071, so a filer who skips service risks losing the protection entirely.
How do you remove a wrongful lis pendens?: By moving to expunge it under Property Code section 12.0071. The court must expunge if the pleading contains no real property claim, if the claimant cannot establish the probable validity of the claim by a preponderance of the evidence, or if the notice was not properly served. Notice of the motion must be given at least twenty days before the hearing, and once an expunction order is recorded, the lis pendens no longer serves as notice.
What is the difference between expunction and cancellation?: Expunction under section 12.0071 removes a notice that is improper or unproven — no real property claim, no probable validity, or bad service. Cancellation under section 12.008 lifts even a proper notice when the claimant can be adequately protected by a bond or deposit, substituting financial security for the cloud on title. One targets defective notices; the other frees property while protecting a valid claim.
How does a lis pendens affect a sale or refinance?: It generally stops it. Because title companies typically will not insure over a recorded lis pendens, the filing clouds title and can prevent a closing or refinance until the lawsuit resolves or the notice is expunged or cancelled. This practical leverage is exactly why the device is valuable to a legitimate claimant and why Texas provides statutory removal procedures to protect owners from an abusive filing.

Bottom Line

A lis pendens is a recorded notice, under Texas Property Code section 12.007, that a pending lawsuit affects title to or an interest in specific real property, giving constructive notice so later buyers and lenders take subject to the suit's outcome. It is proper only for suits involving title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance — never for money-damages-only claims — and the filer must serve each affected party within three days. Its practical power is that title companies will not insure over it, so it can freeze a sale or refinance. Texas guards against abuse with two tools: expunction under section 12.0071, which a court must grant if there is no real property claim, no probable validity by a preponderance, or improper service; and cancellation under section 12.008, which lets a court lift even a proper notice on an adequate bond or deposit. For related topics, see our guides to the recording statute and notice, nonjudicial foreclosure, and deeds and title transfer.

Source: Texas Property Code §§ 12.007, 12.0071, and 12.008. Property Code § 12.007 — Lis Pendens · Property Code § 12.0071 — Motion to Expunge (FindLaw) · Texas Property Code Chapter 12 (capitol.texas.gov)