A lis pendens is filed in the county where the property is located. This is done after litigation affecting title to real property is taken. Requirement for filing a lis pendens in Texas are codified in Tex. Prop. Code 12.007. Texas court cases have laid the foundation, that the person filing the lis pendens must have a direct interest in the ownership of the real property and not simply a collateral interest to recover monetary damages. Although a lis pendens is not a lien, it is often viewed in a similar light and can therefore have the effect of stopping a sale. Why? Because constructive notice of litigation has now been given to potential buyers.

When a Lis Pendens document is filed it must contain a proof of service which is an acknowledgment of service by the person served or a certificate of service. In some cases, the clerk will permit a document to be filed but will require the proof of service to be filed promptly thereafter. 9.5(d)

9.5(e) Certificate Requirements. A certificate of service must be signed by the person who made the service and must state:

(1) the date and manner of service;

(2) the name and address of each person served; and

(3) if the person served is a party's attorney, the name of the party represented by that attorney.

This Document includes a "Certificate of Service" form that can be used by an attorney or party to the case.

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