What is lis pendens?
Lis pendens is a recorded notice of pending litigation that signals to third parties that legal action has been filed against a property, affecting its marketability and title until the case is resolved.
A lis pendens is a formal notice recorded in the public land records to alert potential buyers, lenders, and interested parties that litigation is underway involving the property. The term comes from Latin meaning "suit pending," and the document creates a public record that the property is subject to an active legal claim.
In judicial foreclosures common in Florida, lenders file a lis pendens at the courthouse when they initiate the foreclosure action against a borrower. This notice is recorded with the county clerk in Polk County and becomes part of the chain of title. Filing it establishes the lender's legal claim and gives constructive notice that the property may be subject to a judgment or sale order arising from the foreclosure proceeding.
Once filed, a lis pendens clouds the property's title and effectively prevents a clear sale or refinance until the litigation is resolved. Any subsequent buyer, lienholder, or title company must account for the pending action. The notice typically remains on record until the foreclosure concludes, at which point it is either discharged (if the borrower prevails or the case is dismissed) or satisfied (if the lender obtains a judgment and the property is sold at foreclosure sale).
For property owners, a lis pendens restricts marketability and may lower property value. For lenders, it protects their position by ensuring that no third party can claim a superior interest in the property once the notice is recorded. Anyone facing foreclosure or defending against it should consult with a foreclosure defense attorney to understand the implications of a lis pendens on their rights and options.