Legal Question in Real Estate Law in Texas

We are the Buyer of property. Everything is good to go (2 inches from closing). The Seller has a pending lawsuit from their Mother with a lis pendens. However, her petition is only for money and wants nothing to do with the property (so of course her attorney filed an improper lis pendens). She has now moved out of state as well. Her attorney is moving very slow and is nonresponsive even though he said twice he'd file to release the lis pendens. However, we really really want this home and the Sellers don't want to lose the new home they are moving to. We are both very amicable and speaking to each other weekly. I would like to lease the home until the matter is cleared. Our lender is good to go; their lender is good go. All the title company needs is the lis pendens released and we can set a closing date. The Sellers and us are very willing to negotiate a lease that makes sense and protects each side. Please advise.

Asked on 5/12/16, 5:45 am

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

There's an expedited court process for removing the lis pendens. Why not have the sellers pursue that and extend the closing date, if needed?

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Answered on 5/12/16, 6:43 am

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