To remove an improperly recorded lis pendens from your property, file a motion to expunge lis pendens in the court where the underlying lawsuit is pending, prove at a hearing that the notice fails one of the legal tests your state requires, and then record the signed court order with the county recorder’s office. Until that order is recorded, the notice continues to show up in title searches and continues to block sales, refinances, and title insurance.
Move quickly. A lis pendens creates a cloud on title that freezes the property for as long as it sits on record. Buyers walk away rather than inherit litigation risk. Lenders refuse to issue new mortgages or refinance existing ones. Title insurers will not write a policy. Every week the notice remains is a week the owner cannot use one of their largest assets, which is precisely why some claimants record a lis pendens even when their underlying claim is thin — the pressure alone can force a settlement.
Grounds a Court Will Accept
You do not need to prove every ground. Any one of them, if established, can be enough for the judge to order expungement.
The Lawsuit Does Not Actually Affect Real Property
A lis pendens is only valid when the underlying lawsuit directly affects title to, or the right to possess, a specific piece of real property. A dispute that is really about money does not qualify just because a property happens to be involved somewhere in the facts. A breach of contract claim seeking damages tied to a real estate deal, for example, is not a real property claim. Ownership or possession has to be what the lawsuit puts at stake.
The Claimant Cannot Show Probable Validity
Most states require the person who recorded the lis pendens to demonstrate the “probable validity” of their claim once it is challenged. That means showing the court they are more likely than not to win on the merits. The burden sits on the claimant, not on you. You file the motion; they have to come forward with evidence strong enough to convince the judge their case has substance. If they cannot clear that bar, the court must expunge. Many lis pendens filings collapse at this stage, because having enough to file a lawsuit is a lower threshold than having enough to survive this kind of scrutiny.
Procedural Defects in the Recording
Recording a lis pendens requires strict compliance with your state’s procedural rules, which typically cover what information the notice must contain, how and where it must be recorded, and whether the property owner must be served with a copy. A single procedural error can be enough. Courts enforce these requirements strictly because the consequences for the property owner are so severe. The same principle applies in federal court: when a lis pendens arises from a case in a U.S. district court, it must comply with the recording and notice requirements of the state where the property sits.1Office of the Law Revision Counsel. 28 U.S. Code 1964 – Constructive Notice of Pending Actions
What Goes in the Motion
Forms and naming conventions differ by jurisdiction, but a motion package generally includes four pieces:
- A notice of motion telling the court and the opposing party what you are asking for and setting the hearing date.
- A legal memorandum, often called a memorandum of points and authorities, laying out the grounds for expungement, applying the relevant statutes, and citing helpful case law. The judge reads this before the hearing, and it is the document that most often determines the outcome.
- Declarations and exhibits providing sworn factual support: a declaration from the property owner, a copy of the recorded lis pendens, a copy of the underlying complaint, and any evidence showing the claimant’s case lacks merit.
- A proposed order for the judge to sign if the motion is granted.
The memorandum in particular requires working knowledge of your state’s lis pendens statutes. Property owners who draft these documents without an attorney often weaken their own position by missing procedural requirements or failing to raise the strongest available arguments. If the property has significant value, hiring a real estate litigation attorney is almost always worth the cost.
Filing, Service, and Timing
File the package with the clerk of the court where the underlying lawsuit is pending. Bring the original plus copies for the court file and for service. Filing fees vary by jurisdiction and are typically modest, running up to around $50 in most courts.
The clerk assigns a hearing date, time, and courtroom. Most states require a minimum notice period between service and the hearing, often somewhere around 15 to 30 days, so the opposing party has time to prepare a response.
You cannot serve the motion yourself. Most jurisdictions require a third-party process server, the sheriff’s office, or another authorized method. Once service is completed, a proof of service form must be filled out and filed with the court; without it on file, the court may refuse to hear the motion. Process server fees typically run from $40 to $250, more for rush or difficult service.
At the Hearing
Both sides present oral argument. The judge has already read the written filings, so argument is a chance to highlight the strongest points and respond to the other side rather than start over.
What the judge is deciding depends on the grounds you raised. If the argument is that there is no real property claim, the judge examines whether the underlying lawsuit actually affects title or possession. If the argument is probable validity, the judge evaluates whether the claimant has produced enough evidence to show they will likely win. That burden sits on the claimant defending the lis pendens, not on you, which is an unusual posture — most motions put the burden on the party who filed them.
If the Motion Is Granted
The court issues an order directing the lis pendens to be expunged. Many states also require the claimant to pay the property owner’s attorney’s fees and costs incurred in bringing the motion, a fee-shifting provision designed to discourage frivolous filings. In some cases the court may condition expungement on the property owner posting a bond to protect the claimant’s interest if the claimant eventually prevails in the underlying case.
If the Motion Is Denied
The lis pendens stays on title. The court may require the claimant to post a bond as a condition of keeping it in place, particularly where the judge finds the case has some merit but the property owner faces real financial harm. Bond amounts are typically based on the estimated damages the owner will suffer while the notice remains, including lost sale opportunities and carrying costs.
A denial is not necessarily the end. In many states, either side can challenge the ruling by filing a petition for a writ of mandate with the appellate court. The deadline is short, often around 20 days from the date the written order is served, so a decision to appeal has to be made immediately.
Recording the Order Clears the Title
Winning the motion is only half the job. The lis pendens went onto the public record when the claimant recorded it with the county recorder, and it does not come off automatically. Take the certified court order to the same recorder’s office and record it there. Until that happens, title searches still show the notice, and buyers and lenders still treat the property as encumbered. Recording fees for a short court order are typically between $10 and $50, depending on the county.
After recording, confirm the title is clear by ordering an updated title search or working with a title company, especially if a sale or refinance was waiting on the removal.
Voluntary Withdrawal as a Faster Path
Not every removal needs a hearing. If the claimant agrees to withdraw the lis pendens — often as part of a settlement, or because they recognize the filing was improper — they can prepare, sign, and record a notice of withdrawal. Most jurisdictions require the notice to be notarized before the recorder will accept it. The claimant records it in the same office where the original lis pendens was filed and serves a copy on the owner.
Voluntary withdrawal is faster, cheaper, and avoids the uncertainty of a hearing. If you are negotiating a settlement in the underlying lawsuit, make withdrawal of the lis pendens part of the deal. If the case is dismissed entirely, the claimant is generally required to withdraw the notice, and you can go back to court to compel them if they refuse.
When the Filing Was in Bad Faith
Some lis pendens filings are not just legally deficient. They are recorded deliberately to sabotage a property transaction with no real claim behind them, and by the time the notice comes off, the damage may already be done: a sale fell through, a refinance window closed, carrying costs piled up for months.
In some states, a property owner who can prove that a lis pendens was filed maliciously or without factual basis may have a separate claim for slander of title. A successful slander of title claim typically requires showing that the claimant published a false statement about the property, knew it was false or had no reason to believe it was true, and that the owner suffered financial harm as a result. Pursuing this is not straightforward. Many courts extend a litigation privilege to statements made in connection with a pending lawsuit, which can shield even a meritless lis pendens from a slander of title claim. The viability varies significantly by state, so consult an attorney before filing one.
Even without a separate claim, the fee-shifting provision built into the expungement proceeding provides some recovery. When the court grants the motion, the fee award can be substantial enough to offset much of what the owner spent fighting the improper filing.