Lis Pendens

A lis pendens is a public notice that a lawsuit affecting the title or ownership of real property is pending. It warns prospective buyers and other interested parties that the property is subject to litigation and that any sale or transfer may be affected by the outcome. The term is Latin for “suit pending.”

Key takeaways

• A lis pendens notifies the public that a property is the subject of a pending lawsuit tied to its title or ownership.
• It can make a property difficult to sell and may reduce its marketability or sale price.
• A lis pendens can only be filed when a lawsuit involving the property is already pending and the claim is directly related to the real estate.
• Common situations include divorce property disputes, foreclosure or mortgage-default actions, contract disputes over sale agreements, and sometimes claims by homeowners associations.

How a lis pendens works

When a plaintiff files a lawsuit that seeks to affect title or possession of specific real property, they may record a lis pendens in the county land records. Recording creates constructive notice to anyone researching the property’s title that litigation is pending. A buyer who acquires the property while the lis pendens is in effect typically takes the property subject to the lawsuit and could lose interest if the plaintiff prevails.

A lis pendens remains attached to the property until:
* the underlying lawsuit is resolved, or
* the lis pendens is discharged or expunged by court order (for example, if the recorded notice doesn’t meet statutory requirements).

Because litigation can take months or years, buyers and lenders usually avoid properties with recorded lis pendens.

Common uses

Lis pendens is used whenever a pending suit seeks to affect real property. Typical scenarios include:

• Divorce and marital property disputes — when a spouse claims an interest in a home titled in the other spouse’s name.
• Mortgage default and foreclosure — lenders record notices to alert the public that a property is subject to foreclosure proceedings.
• Contract or sale disputes — a buyer who sues to enforce a purchase contract may record a lis pendens to prevent the seller from freely transferring the property.
• Claims by homeowners associations — in some states, HOAs can assert liens or claims that lead to lis pendens filings if covenants or fees are unpaid.

How to file a lis pendens

Requirements vary by state, but the basic steps are:

1. File a lawsuit that asserts a claim affecting the property (the suit must be pending).
2. Prepare the lis pendens notice containing specific information required by local law (property description, parties, case number, nature of the claim).
3. Record the lis pendens in the county land records where the property is located and follow any local service or filing rules.

Because the form and wording are often technical and state-specific, mistakes can lead to the lis pendens being expunged and may expose the filer to penalties. Consult a real estate attorney to ensure the notice is valid and properly recorded. If you cannot afford an attorney, look for legal aid or public assistance programs in your area.

Frequently asked questions

What does it mean to have a lis pendens discharged?
* Discharge means the lis pendens has been removed from the land records, typically because the underlying claim was resolved, dismissed, or the court ordered removal.

Who can file a lis pendens?
* Anyone with a pending lawsuit that involves a specific parcel of real property and alleges a right or interest that affects title or possession may record a lis pendens, subject to statutory requirements.

Can a buyer lose a property bought during a lis pendens?
* Yes. If a buyer purchases property while a valid lis pendens is recorded and the court later rules for the claimant, the buyer could lose the property and would need to seek recovery from the seller.

What does “lis” mean in lis pendens?
* “Lis” means suit or lawsuit; “pendens” means pending — together, “suit pending.”

Conclusion

A lis pendens is a powerful tool for securing notice of a claim against real property, but it must be used correctly. It can block or complicate sales and transfers and remains attached to the title until the underlying litigation is resolved or the notice is removed. Because filing and procedural requirements differ by jurisdiction and errors can have serious consequences, parties should consult a qualified real estate attorney before recording or responding to a lis pendens.