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House Bill 396 |
House Author: Hartnett |
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Effective: 9-1-09 |
Senate Sponsor: Carona |
House Bill 396 amends the Property Code to require a person who files a notice for record of lis pendens to serve a copy of the notice on each party to the action who has an interest in the real property affected by the notice not later than the third day after the date the person files the notice. The bill authorizes a party to an action in connection with which a notice of lis pendens has been filed to apply to the court to expunge the notice and to file evidence with the motion, and requires notice of the motion to expunge to be served on each affected party on or before the 20th day before the motion hearing date. The bill requires a court to order the notice of lis pendens expunged if the court makes a determination relating to the validity of the real property claim or providing notice to each party by the prescribed deadline and sets forth the effects of an order expunging a notice of lis pendens. The bill authorizes a court to require the party prevailing in the expunction hearing to submit an undertaking to the court.