What Is a Lis Pendens?

A lis pendens — Latin for "pending lawsuit" — is a recorded notice in the public land records that a lawsuit affecting the title to or possession of a specific piece of real property is pending. It doesn't legally stop a sale, but buyers and lenders take subject to the lawsuit, so in practice it usually stalls the deal until it's released or removed.

Recording a lis pendens provides constructive notice to all subsequent buyers and lenders that the property is subject to a legal claim. Once recorded, anyone who buys or takes a security interest in the property does so subject to the outcome of the lawsuit. If the plaintiff wins, their rights typically relate back to the date of the lis pendens filing — even if the property was sold in the interim.

Lis pendens are recorded in real estate disputes including foreclosure actions, quiet title actions, partition actions, and other cases where the outcome will directly affect ownership or title.

How long does a lis pendens last?

It depends on the state and on the kind of claim.

• Florida: Under Fla. Stat. §48.23(2), a notice that is not based on a duly recorded instrument or a construction lien expires one year after the action began unless the court extends it for good cause. Other bases for a notice can last longer.
• Other states differ. Some tie duration to the life of the lawsuit; others have their own expiration and extension rules. Ask counsel in the state where the property sits.

How to remove one

Common paths:

1. Resolve the lawsuit and record a release. When the case settles or ends, record a release of lis pendens in the land records so the cloud on title clears.
2. Court discharge or expungement.

• Florida: When the action isn't founded on a duly recorded instrument, or no longer affects the property, the court "shall control and discharge the notice of lis pendens as the court would grant and dissolve injunctions" (Fla. Stat. §48.23(3)).
• California: The court must expunge a notice if the claimant has not established "the probable validity of the real property claim" by a preponderance of the evidence (Cal. Code Civ. Proc. §405.32).

1. Bond in some states. Some jurisdictions let a party substitute a bond for the property as security so the notice can be lifted while the case continues.
2. Challenge an improper recording. Using a lis pendens without a legitimate title claim can lead to liability (for example slander of title or abuse of process), and courts can order the notice removed.

What a Florida notice must contain

Under Fla. Stat. §48.23(1)(c), a Florida notice of lis pendens must include:

• The names of the parties to the action
• The date of the institution of the action, or the case number
• The name of the court in which it is pending
• A description of the property involved or affected
• A statement of the relief sought as to the property

How it affects a sale or refinance

A lis pendens does not, by itself, forbid a closing. In practice, though, the property is very hard to sell or refinance while the notice is of record: buyers and lenders take subject to the lawsuit, and title insurers typically won't insure over it without an exception, so ask your title company what it will require.

Featured attorneys

• Glenn L. Udell: Real estate and commercial litigation attorney, Brown, Udell, Pomerantz & Delrahim, Ltd., Chicago, Illinois.
• Robert Elias: Real estate lawyer, The Elias Law Firm, PLLC, Miami Lakes, Florida.

Browse more real estate law attorneys. *Listed attorneys are paid members of the Haute Lawyer Network. Editorial selection, not a ranking.*

Related questions

• What Is a Quiet Title Action?
• What Is a Partition Action in Real Estate?
• What Is Cloud on Title?

*This information is general and isn't legal advice. It doesn't create an attorney-client relationship. Talk to a lawyer about your situation.*