Lis Pendens Impact Explained

Summary

A lis pendens provides public notice of a property dispute and can affect a Bona Fide Purchaser defense in Texas. If a judicial fiat releasing a deed of trust lien is reversed on appeal, the original order doesnt automatically become void. An appellate court typically sends a mandate to the lower court for further action. Consult a local attorney for specific advice.

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Do a lis pendens in the property records defeat a Bona Fide Purchaser defense?
Hello Floyd, a lis pendens generally provides notice of a pending lawsuit to potential buyers, which may affect a Bona Fide Purchaser defense. However, the specifics can vary based on location. Could you please inform me of your location so I can provide more accurate information?
Texas
Hello Floyd, in Texas:
- A lis pendens provides public notice of a dispute involving property.
- It can defeat a Bona Fide Purchaser defense as it's a warning to potential buyers.
- However, the effect can vary based on case specifics. It's advisable to consult a local attorney for detailed advice.
A court issue a judicial fiat releasing a deed of trust lien. The judicial fiat was filed in the property records. One year later the court was reversed on appeal. Do the judicial fiat releasing the lien automatically become void or must the court do an order revoking the judicial fiat?
Hello Floyd, in Texas:
- If a court decision is reversed on appeal, the original order doesn't automatically become void.
- Typically, an appellate court sends a mandate to the lower court instructing what action to take.
- You should consult a local attorney to understand the specifics in your case.