A notice of lis pendens is a document recorded in the county land records to warn the world that a lawsuit involving a specific piece of real estate is pending. The Latin phrase translates to “suit pending,” and the notice does one job: it puts everyone on notice that the property is tied up in litigation, so no future buyer, lender, or investor can later claim they didn’t know. It isn’t a judgment, it isn’t a debt, and it doesn’t transfer ownership. It flags a fight over the property that hasn’t been resolved yet.
How It Works
When someone files a lawsuit involving a claim to real estate, they can record a lis pendens with the county recorder or clerk where the property sits. Once recorded, it becomes part of the chain of title and will surface on any title search. The legal effect is called constructive notice: the law treats every potential buyer, lender, or investor as if they personally knew about the lawsuit, whether they checked the records or not.
Lis pendens is handled at the state level, not the federal level. The notes to the Federal Rules of Civil Procedure explain that no federal rule was adopted because the subject “would appear to be a matter of substantive law affecting State laws of property.”1GovInfo. U.S.C. Title 28 – Judiciary and Judicial Procedure – Rule 64 Specific filing requirements, deadlines, and procedures vary by state, though the general principles are consistent across the country.
What It Does to the Property
A lis pendens clouds the title. That means it introduces enough uncertainty about ownership or control to make the property nearly impossible to sell or refinance through normal channels. Title insurance companies won’t issue a policy on property with a lis pendens attached, and without title insurance, virtually no lender will approve a mortgage. The property isn’t legally unsellable, but the practical barriers are steep enough that most transactions stop.
The owner can still live in the home, maintain it, and use it normally during the litigation. A lis pendens doesn’t evict anyone or restrict day-to-day use. Any transfer made after recording, however, is subject to the outcome of the lawsuit. If the plaintiff wins, a new buyer could lose their interest in the property entirely, because constructive notice means they can’t claim ignorance.
Existing tenants sit in a related spot. If the litigation is about ownership and the current landlord loses title, a lease signed during the dispute could be voided, and a tenant who paid deposits or advance rent to the losing party might need a separate lawsuit to recover that money.
A Lis Pendens Is Not a Lien
People often confuse the two, but they work differently. A lien is a creditor’s claim against property to secure a debt. If you owe a contractor $20,000, they might file a mechanic’s lien that attaches to the property until the debt is paid. A lis pendens doesn’t involve a debt at all. It’s a notice that someone is disputing the property itself, usually over who owns it, who’s entitled to possess it, or whether a contract to sell it should be enforced.
A lien says this property secures a debt. A lis pendens says this property is the subject of a lawsuit. The practical effect on selling can feel similar because both make title insurance hard to obtain, but the legal remedies are different. Liens get paid off or released. Lis pendens notices get resolved through litigation or removed by court order.
When a Lis Pendens Can Be Filed
Not every lawsuit involving real estate justifies one. The underlying claim must affect the title, possession, or use of the specific property. A breach-of-contract case that happens to involve a real estate developer wouldn’t qualify unless the claim is actually about the property rather than money damages. The most common scenarios:
- Foreclosure. In judicial foreclosure states, the lender files suit to foreclose and records a lis pendens at the same time. This is the single most common use in residential real estate.
- Quiet title actions. When two or more parties each claim ownership, someone sues to establish who holds clear title, and the lis pendens prevents the other claimant from selling in the meantime.
- Specific performance. A buyer and seller signed a purchase agreement, the seller backed out, and the buyer sues to force the sale. The lis pendens stops the seller from selling to someone else while the case plays out.
- Partition actions. Co-owners who can’t agree on what to do with jointly held property sue to divide or sell it. A lis pendens keeps one co-owner from selling the whole property unilaterally.
- Boundary disputes. When neighbors disagree about where one property ends and another begins, the party claiming encroachment may file to protect their claim to the disputed strip.
The recorded notice generally has to identify everyone in the lawsuit, name the court and case number, and give a legal description of the property rather than just a street address. Some states also require the filer to serve a copy on the property owner within a set window.
What to Do If One Is Filed Against Your Property
Finding a lis pendens against your property is alarming, but it isn’t a judgment. Nobody has won anything yet.
Start by finding the underlying lawsuit. The notice will list the court, case number, and parties. Pull the complaint or petition from that court so you understand what’s actually being claimed. If you weren’t already aware of the case, you may not have been properly served, which is a defense worth raising.
Then talk to a real estate attorney. The cost of a consultation is small compared to the cost of doing nothing. An attorney can evaluate whether the lis pendens is legally valid, whether the underlying claim actually involves your property’s title or possession, and whether you have grounds to get it removed quickly.
Finally, respond to the lawsuit itself. A lis pendens exists because of a case behind it. Ignoring that case risks a default judgment that could cost you the property. The lis pendens is the warning sign. The lawsuit is the real threat.
How a Lis Pendens Gets Removed
The simplest path is the end of the underlying lawsuit. When the case concludes through a final judgment, a voluntary dismissal, or a settlement, the winning or remaining party records a release or cancellation and the title clears.
Owners who can’t wait for the case to finish have a faster option: a motion to expunge. Courts generally grant expungement on two grounds. The first is that the underlying lawsuit doesn’t actually involve a claim to the property’s title, possession, or use. If someone recorded a lis pendens on a case that’s really just about money, the notice has no business being in the property records. The second is that the person who filed it can’t show their claim is likely to succeed. The burden falls on the filer to prove the case has merit, not on the owner to disprove it. Most frivolous lis pendens filings fall apart here.
In some states, an owner can get the lis pendens lifted by posting a surety bond with the court. The bond acts as a financial guarantee: if the plaintiff eventually wins, the bond covers the value of their interest in the property instead of the property itself. Courts set the amount based on the potential damages at stake. This can be expensive, but it frees the property to be sold or refinanced while the case continues.
Some states also impose automatic expiration dates. In those states, if the underlying lawsuit hasn’t resolved within the statutory period, the filer must ask the court to extend the notice or it lapses. Not every state has this rule, and the timeframes vary. If a lis pendens has been sitting on your property for years with no movement in the case, an attorney can check whether it’s expired under your state’s rules.
Penalties for Frivolous Filings
Because a lis pendens can effectively freeze a property, courts take abuse seriously. Filing one without a legitimate claim can backfire. If a court grants a motion to expunge and finds the filing was frivolous or made in bad faith, the filer can be ordered to pay the owner’s attorney fees and court costs. Some states go further, allowing the owner to pursue a separate lawsuit for damages from the wrongful filing, including lost sale opportunities and carrying costs incurred while the property sat unsellable.
The threat of sanctions matters. Without it, anyone with a grudge and a filing fee could paralyze a property transaction for months.
Buying a Property With a Lis Pendens
Occasionally a buyer spots a property with a lis pendens on it and wonders whether it’s a bargain. It can be, but the risks are real. The buyer is legally deemed to know about the lawsuit and takes the property subject to whatever the court decides. If the plaintiff wins, the buyer could lose the entire property and be left chasing the seller for a refund.
Conventional financing is essentially off the table, since lenders and title companies won’t touch it. A buyer would typically need to pay cash and accept the uncertainty. Any discount on the price has to reflect that risk, plus the cost of an attorney to evaluate the strength of the pending claim. For most buyers, the smarter move is to wait until the lis pendens is resolved and then negotiate with whoever ends up holding clear title.