‘Lis pendens’ preventing title company from insuring
Q
: We put a house under contract and the title commitment said the husband of the seller had a lis pendens filed against him. The wife knows nothing about it and the husband just seems confused. The title company will not insure title. Everything has come to a complete standstill. What is a lis pendens? Is there any way we can clear this up? : Not without a lawyer.
A
A lis pendens means that someone else is claiming ownership to the property and the title is in litigation. There must be a lawsuit filed in order to file the lis pendens. Just a guess here, but the husband may be hiding something. Q : I signed a contract to sell my house, but buying a new one isn’t that easy. How can I get out of this deal?
A
: You can’t unless the buyer lets you out.
You’ve consulted a real estate agent; hired them; they produced a ready, willing and able buyer and deserve to be paid; and you want to change your mind now? We think not.
Q
: I own a retail shopping center. I have a tenant that is a house of worship of some kind. They are now behind in their rent, so I locked them out. They have hired a lawyer and are threatening to sue. I have the right to kick out a commercial tenant, don’t I?
A
: Yes, but you must follow a specific statutory procedure to do it. You must post a notice on their door and tell them where to pick up the key. You don’t have to give them the key until they bring the rent current.
Go to the internet and look up section 93 of the Texas Property Code. It explains a lot of tenant’s rights in commercial leases.
To send a question visit www.AskGeorge.net and select the “Ask A Question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in residential and commercial real estate law.