Lis Pendens

Lis pendens (Latin for 'suit pending') is a formal written notice filed in the county clerk's real property records indicating that a legal proceeding has been initiated that may affect title to a specific property. In the context of Texas non-judicial foreclosure, a lis pendens is filed when a lender initiates the default notice process under Texas Property Code §51.002, giving constructive notice to all parties that the property may be sold at a First Tuesday trustee sale.

Texas Context

In Texas, lis pendens filings are recorded at the county clerk's office and become public record immediately upon filing. The 21-day mandatory posting period begins when the notice of substitute trustee sale is filed, but lenders often file a lis pendens weeks or months earlier during default cure negotiations. Foreclosures Now monitors county records for lis pendens filings the moment they are indexed, giving investors the maximum possible lead time before a First Tuesday auction.