A lis pendens is a public notice, recorded in the county land records, that a lawsuit has been filed over a specific piece of real estate. The Latin phrase means “pending suit,” and the notice does one job: it warns anyone checking the property’s title that litigation exists which could change who owns it or what claims attach to it. Once the notice is on record, any buyer or lender who moves forward anyway takes the risk that the lawsuit’s outcome could wipe out their interest.
What a Lis Pendens Does to a Property
Recording the notice creates what lawyers call constructive notice. The law treats every potential buyer, lender, or other interested party as if they already knew about the lawsuit, whether or not they actually looked. No one who takes an interest in the property afterward can claim to be an innocent purchaser who had no idea about the dispute.
That notice places a cloud on the title. A clouded title signals unresolved legal questions about ownership, and it makes the property nearly impossible to sell or refinance through normal channels. Title insurance companies will not issue a policy for property with an active lis pendens, because they cannot guarantee clear ownership while a lawsuit threatens to change it. Lenders follow the same logic and will not approve mortgage financing until the notice is removed. The property isn’t seized or physically affected, but for practical purposes it’s frozen in the marketplace.
Lis pendens is governed by state law rather than federal statute. The Advisory Committee for the Federal Rules of Civil Procedure declined to create a federal rule, noting that lis pendens “would appear to be a matter of substantive law affecting State laws of property.”1Office of the Law Revision Counsel. 28 USC App, Federal Rules of Civil Procedure The exact requirements for filing, maintaining, and removing a lis pendens vary by jurisdiction, so the specific procedures and deadlines in your state may differ from the general principles described here.
Lawsuits That Can Trigger a Lis Pendens
Not every lawsuit involving property qualifies. A lis pendens is appropriate only when the lawsuit directly affects the title, ownership, or right to possess a specific piece of real estate. A suit that merely seeks money damages against someone who happens to own property does not qualify, even if the plaintiff hopes to eventually collect against that property. The claim itself has to be about the real estate.
The most common qualifying actions include:
- Mortgage foreclosure, where a lender records the notice to keep the borrower from selling the property and pocketing the proceeds while foreclosure moves forward.
- Specific performance suits, where a buyer sues to force completion of a real estate contract the seller is trying to back out of.
- Ownership disputes, including quiet title actions, boundary disputes, inheritance claims, and challenges to the validity of a deed.
- Divorce cases where spouses contest the division of marital real estate, and one spouse wants to prevent the other from selling or encumbering the property before the court divides it.
- Mechanic’s lien enforcement, where a contractor or supplier sues to foreclose on a recorded lien.
Lis Pendens vs. Lien
People often confuse a lis pendens with a lien, but they work differently. A lien is a security interest in property, meaning the lienholder has a recognized legal claim to be paid out of the property’s value. A mortgage, a tax lien, and a mechanic’s lien are all examples. A lis pendens is not a claim against the property itself. It’s a notice that a lawsuit exists, nothing more. It doesn’t create any right to the property or guarantee any outcome.
The distinction matters. A lien gives the holder enforceable rights on its own. A lis pendens has no independent legal force; its power comes entirely from the underlying lawsuit. If the suit is dismissed or resolved, the notice has no remaining effect. A lien is a lock on the property. A lis pendens is a warning posted on the door.
The two often appear together. A contractor who files a mechanic’s lien and sues to enforce it will frequently record a lis pendens as well. The lien establishes the debt claim; the lis pendens makes sure no later buyer can claim ignorance of the lawsuit.
How a Lis Pendens Gets Filed
The plaintiff in a qualifying lawsuit files it. The document, often called a Notice of Pendency of Action, identifies the parties, the court and case number, and the property by legal description. The description must be precise enough to identify the specific parcel, usually in the same format used in the deed.
The notice is recorded with the county recorder’s office (sometimes called the register of deeds) in the county where the property sits. Recording is what actually puts the world on notice. Simply filing the lawsuit does not automatically create a lis pendens; the separate recording step is required. Recording fees typically run from about $10 to $90, depending on the county. Most states also require the filer to serve a copy of the notice on the property owner and other affected parties, and missing a service deadline can render the notice void.
Checking Whether a Property Has a Lis Pendens
A lis pendens shows up in any standard title search, because it’s recorded in the same county land records that hold deeds, mortgages, and other encumbrances. A title company handling a normal home purchase will catch it, flag it as an exception, and refuse to insure around it.
You can also search on your own before making an offer. Many counties offer free or low-cost online access to recorded documents through the recorder’s website, and in-person searches are available at the office. Court records in the county where the property sits are another place to look for pending lawsuits naming the property address or the owner.
How a Lis Pendens Comes Off
A notice can be cleared in several ways, depending on what happens with the underlying lawsuit.
Resolution of the Lawsuit
The simplest path is the lawsuit ending. Settlement, dismissal, or final judgment all remove the basis for the notice. The winning party or the original filer typically records a release or withdrawal with the county recorder to formally clear the record. Until that release is recorded, the notice may still appear in title searches even after the case is over, so following through on the paperwork matters.
Motion to Expunge
A property owner who thinks the lis pendens was filed improperly doesn’t have to wait for the lawsuit to end. They can file a motion to expunge, asking the court to order the notice removed. The usual grounds are that the lawsuit doesn’t actually involve a real property claim, or that the filer can’t show a reasonable likelihood of winning.
In most jurisdictions, once an expungement motion is filed, the burden shifts to the person who recorded the notice. They have to convince the court that the claim is valid and has probable merit. Courts look for concrete evidence like deeds, contracts, or financial records showing a genuine ownership stake, not vague allegations or claims that are really about money rather than property.
Expiration
Some states cap how long a lis pendens stays effective. If the filer doesn’t renew or re-record it before the deadline, it expires automatically and no longer provides constructive notice. These expiration periods vary significantly by state, so if a claim depends on keeping the notice alive through a long legal battle, state-specific rules need to be checked.
When a Lis Pendens Is Filed Improperly
Because the notice can effectively paralyze someone’s ability to sell or refinance, courts take abuse of this tool seriously. Filing a lis pendens without a legitimate real property claim, or maintaining one in bad faith, can backfire.
A court can order the notice expunged and may award attorney’s fees to the property owner who had to fight it. If the court finds the filing was made in bad faith or without probable cause, it can also impose monetary sanctions.
The owner can go further and pursue separate civil claims. The most common is slander of title, which targets false statements that damage a property owner’s ability to use or sell their real estate. Related claims include wrongful interference with a contract or sale and abuse of process for using court procedures for improper purposes. These claims can produce both compensatory damages (for losses like a failed sale or market decline during the cloud on title) and punitive damages in egregious cases. The threat of sanctions and a slander-of-title counterclaim is often enough to persuade a filer with a weak case to withdraw the notice voluntarily.
If You Own the Property
A lis pendens creates real financial pressure. While it’s active, selling through normal channels is nearly impossible, because buyers can’t get title insurance or financing. Refinancing is equally off the table. Properties that do sell with an active lis pendens typically go to cash buyers at steep discounts, often 10 to 30 percent below market value, because those buyers are pricing in the risk of stepping into active litigation.
If you believe the notice was filed without a legitimate real property claim, moving to expunge early is usually the smartest step. The longer the notice sits, the more damage it does to your ability to transact. An expungement hearing forces the filer to justify the claim with real evidence, and if they can’t, you may recover your attorney’s fees as well.
If You’re Thinking About Buying a Property With One Attached
Buying a property with an active lis pendens means stepping into the current owner’s shoes with respect to that lawsuit. If the plaintiff wins, the claim may override your ownership. Title insurance covering the dispute will not be available, and traditional mortgage financing won’t be either. Properties with an active lis pendens tend to sit on the market two to three times longer than comparable properties, which says something about how other buyers read the risk.
The rare cases where buying makes sense involve a discount deep enough to compensate for the risk, a clear understanding of the underlying lawsuit and its likely outcome, and enough cash to close without a lender. Even then, having a real estate attorney review the pending litigation before making an offer is not optional. Losing the property entirely after closing is a real possibility, which makes this one of the riskier moves in real estate.