What is a lis pendens?

A lis pendens is a notice recorded in the land records indicating that a lawsuit has been filed and is ongoing with respect to a specific property. The term comes from Latin meaning "litigation pending." In a foreclosure action, the lender or servicer files the lis pendens early in the process, usually at the time the complaint is filed in court or shortly after.

When a lis pendens is recorded, it creates a public record that alerts anyone searching the title that legal action is underway. This notice serves as a constructive warning to potential buyers, lenders, and other interested parties that the property's ownership or rights may be in dispute. Any transfer of the property or attempt to refinance becomes complicated because title companies will not insure a title that is subject to an active lis pendens.

For homeowners in a foreclosure situation, the lis pendens effectively clouds the title, preventing a sale or refinance until the underlying lawsuit is resolved. The property remains marketable only if the foreclosure is dismissed, withdrawn, or settled. Real estate litigation attorneys familiar with foreclosure proceedings can advise on the implications of a lis pendens and strategies for addressing or removing it.