Evidence, including declarations, may be filed with this motion. Notice of the motion must be served on each affected party on or before the twentieth day before the date of hearing. Tex. Prop. Code § 12.0071(a)(2), (d).
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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Expunge Lis Pendens
This Motion to Expunge Lis Pendens is filed by [name of movant], [party designation], who shows in support:
1.[Name] filed a notice of lis pendens on [date] affecting the following real property: [legal description of the property].
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Select one or more of the following. |
2.The pleading on which the notice of lis pendens is based does not contain a real property claim.
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And/Or |
3.The real property claim contained in the notice of lis pendens is not valid.
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And/Or |
4.[Name] did not serve a copy of the notice of lis pendens on each party entitled to a copy under section 12.007(d) of the Texas Property Code.
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Continue with the following. |
[Name of movant] prays that the Court grant this Motion to Expunge Lis Pendens.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for Movant