TX STATETexas Supreme Court
2017

Ron Sommers, as Chapter 7 Trustee for Alabama and Dunlavy, Ltd., Flat Stone II, Ltd., and Flat Stone, Ltd., and as Successor in Interest to Jay Cohen, Individually and as Trustee of the Jhc Trusts I and Ii v. Sandcastle Homes, Inc.

521 S.W.3d 749Texas Supreme Court • Decided 2017Remanded
Lien RightsCited 68 times

HOLDING

A property dispute arose when Matthew Dilick transferred property and later defaulted on a loan, triggering a lawsuit by the trust that owned the property. The defendants got a lis pendens notice (a legal notice of the pending lawsuit) expunged from the property records. The Texas Supreme Court ruled that expunging a lis pendens only removes the notice from the public record—it doesn't erase the defendants' actual knowledge of the underlying dispute if they learned about it through other means. This matters to subcontractors because it means removing a notice from records doesn't eliminate a property owner's legal liability for knowing about claims against the property.

KEY FINDINGS

Lien Rights

Expunging a lis pendens from public records doesn't protect a buyer or lender who already knows about the underlying dispute through other sources

FULL COURT OPINION