Can a Texas lis pendens be refiled with new evidence?

Short answer: Yes—Texas law does not categorically bar recording a new lis pendens after an expunction if the lawsuit still asserts a qualifying real‑property claim and there is materially new evidence; however, any new notice is immediately subject to expunction (with potential fee shifting) if the claimant again cannot show the claim’s probable validity, and it cannot disturb rights of intervening purchasers protected by the recorded expunction order. [1][2][3][4]

IRAC

Issue

Whether, after a Texas court expunges a notice of lis pendens, a claimant may record a new lis pendens upon obtaining new evidence.

Rule

• A party to an action “involving title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property” may record a notice of lis pendens. Tex. Prop. Code Ann. § 12.007. [3]
• A court must expunge a lis pendens if, among other grounds, the claimant “fails to establish by a preponderance of the evidence the probable validity of the real property claim,” or if the underlying pleading does not contain a real‑property claim. Tex. Prop. Code Ann. § 12.0071(c)(1)–(3). [4]
• After a certified copy of an expunction order is recorded, the notice and any information “derived or which could be derived from the notice” do not constitute constructive or actual notice, impose no duty of inquiry, and allow the property to be transferred or encumbered free of matters asserted in the notice and the underlying action. Tex. Prop. Code Ann. § 12.0071(f). [2][4] The Texas Supreme Court has recognized this expunction mechanism and its effect in protecting subsequent purchasers. See, e.g., Sommers v. Sandcastle Homes, Inc., 521 S.W.3d 749 (Tex. 2017). [1]
• If an expunction motion is granted, the court may award the movant costs and reasonable attorney’s fees. Tex. Prop. Code Ann. § 12.0071(e). [4]

Application

• The Texas Property Code authorizes filing a lis pendens so long as the pending action asserts a qualifying real‑property claim. Tex. Prop. Code Ann. § 12.007. Nothing in the statute categorically forbids a later filing of a new notice in the same action after an earlier notice has been expunged. [3][4]
• Practically, a “new” lis pendens will be tested under the same expunction standard. If new evidence now enables the claimant to carry the burden to show “probable validity” of the real‑property claim, a new notice can be maintained; otherwise, the court must expunge again and may award fees to the movant. Tex. Prop. Code Ann. § 12.0071(c)(2), (e). [4]
• The previously recorded expunction order protects subsequent purchasers and encumbrancers: information from the old notice (and even actual knowledge of the suit) cannot be used to burden title after expunction. Tex. Prop. Code Ann. § 12.0071(f). The Supreme Court’s decision in Sommers underscores the protective effect of expunction for later purchasers, and the 2017 amendment clarified that protection extends to “actual knowledge” by adding “or which could be derived” to subsection (f). Sommers v. Sandcastle Homes, Inc., 521 S.W.3d 749 (Tex. 2017); Tex. Prop. Code Ann. § 12.0071(f). [1][2][4]
• A new lis pendens cannot retroactively defeat the rights of intervening purchasers who acquired their interests after the expunction was recorded and before the new notice is recorded; those parties remain protected because the expunction removes both constructive and actual notice arising from the prior notice. Tex. Prop. Code Ann. § 12.0071(f); Sommers v. Sandcastle Homes, Inc., 521 S.W.3d 749 (Tex. 2017). [1][4]
• Courts also retain tools to deter abusive repeat filings (including fee‑shifting on expunction and, where appropriate, sanctions under general procedural and inherent powers). While the Property Code does not itself require leave of court to re‑file a lis pendens, orders in a given case may impose conditions, and repetitive filings without materially changed circumstances risk swift expunction and fee awards. Tex. Prop. Code Ann. § 12.0071(e)–(f). [4]

Conclusion

Yes. A claimant may record a new lis pendens if the action still asserts a qualifying real‑property claim and there is materially new evidence supporting the probable validity showing; but the new notice will face the same expunction standards, fee‑shifting risk, and cannot upset rights of purchasers protected by the recorded expunction order. [1][2][3][4]