What is lis pendens?
A lis pendens (Latin for 'pending litigation') is a public notice filed with the county recorder or clerk of court indicating that a lawsuit has been filed involving a specific property. In judicial foreclosure states, the lis pendens is recorded when the lender files the foreclosure complaint, alerting potential buyers and creditors that the property's ownership is in dispute.
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Key facts
- In judicial foreclosure states, lis pendens serves the same function as a notice of default in non-judicial states — it's the first public signal that foreclosure has begun.
- Once recorded, lis pendens provides constructive notice to anyone who searches the property's title — this prevents the homeowner from selling to an unknowing buyer.
- A lis pendens filing does NOT transfer ownership or create a lien — it only alerts the public that litigation is pending.
- Lis pendens can be filed in lawsuits that meet state requirements concerning title or another qualifying property interest, not just foreclosures.
- In many states, a lis pendens can be expunged (removed) by the property owner through a court motion if it was filed improperly or if the underlying claim lacks merit.
Related data
- Foreclosure Filings YoY Change →15%, Q2 2026
- Foreclosure Starts vs. Bank Repossessions →4.5 times, August 2026
What Does a Lis Pendens Mean for Homeowners?
If a lis pendens has been filed against your property, it means a lawsuit affecting your home is active in court. In the foreclosure context, this typically means your mortgage lender has filed a judicial foreclosure complaint. The lis pendens itself doesn't take your home — it's a notice, not an action. But it has real consequences:
- Title cloud: The lis pendens creates a "cloud" on your property title. Most title insurance companies will not insure a property with an active lis pendens, which effectively prevents a regular sale.
- Public record: Anyone — investors, neighbors, credit agencies, potential buyers — can discover the pending litigation through a title search.
- Binding on future buyers: Anyone who purchases the property after lis pendens is recorded takes it subject to the outcome of the lawsuit. This means a buyer can't claim they didn't know about the foreclosure.
How Is Lis Pendens Different from a Notice of Default?
Both serve as the first public notice of foreclosure, but they operate in different legal frameworks:
- Lis pendens is used in judicial foreclosure states. It's filed when the lender initiates a court lawsuit. The foreclosure must proceed through the court system with a judge's approval.
- Notice of default (NOD) is used in non-judicial foreclosure states. It's recorded with the county as a standalone notice, without a court case. The foreclosure proceeds through the trustee system.
Both start the pre-foreclosure clock, and both are public records. The key difference is that lis pendens is part of a court action where the homeowner has the right to formally respond and raise legal defenses.
Can a Lis Pendens Be Removed?
Yes. There are several ways to remove a lis pendens from your property:
- Resolve the foreclosure: Resolving or settling the foreclosure can support cancellation of the lis pendens, but state procedure may require an application and a recorded court order.
- Motion to expunge: If the lis pendens was filed improperly (wrong property, no underlying claim, or the claim doesn't actually affect the property), you can ask the court to expunge it.
- Case dismissal: If the foreclosure case is dismissed (for procedural defects, standing issues, or settlement), the lis pendens can be released, but release may require a motion, a court order, and recording that order.
- Post a bond: Some states allow the property owner to post a bond (cash or surety) to have the lis pendens released while the lawsuit continues.
State-by-state differences
Lis pendens procedures, filing requirements, and expungement options vary by state. Some states have specific lis pendens statutes; others rely on general court rules.
| State | Key difference |
|---|---|
| New York | Lis pendens filed with the county clerk under CPLR 6501. Can be cancelled by court order or bond. Lasts for the duration of the action — no automatic expiration. |
| Florida | Lis pendens filed under § 48.23. Can be discharged by posting a bond. Must include a statement of the relief sought as to the property. |
| Illinois | Lis pendens filed under 735 ILCS 5/2-1901. Notice is effective from recording date. Commonly used in all foreclosure actions filed in circuit court. |
| New Jersey | Lis pendens filed with the county clerk's office upon filing of foreclosure complaint. Managed through the Office of Foreclosure statewide. |
| Pennsylvania | Pennsylvania Rule 1501 has been rescinded and isn't a current basis for filing a lis pendens. |
Questions about lis pendens
Does a lis pendens affect my credit score?
The lis pendens itself is not reported to credit bureaus. However, the underlying foreclosure action and the missed mortgage payments that triggered it are reported. The lis pendens affects your property's title, not your personal credit file directly.
Can I sell my home with a lis pendens?
Technically yes, but practically it's very difficult. Most title companies won't insure a property with an active lis pendens, and most buyers won't purchase without title insurance. A short sale (with lender approval) or resolution of the underlying lawsuit is typically needed before the property can be sold.
How long does a lis pendens last?
A lis pendens remains active for the duration of the underlying lawsuit. In foreclosure cases, this can mean months to years depending on the state. Some states have automatic expiration periods (e.g., 3-5 years), after which the lis pendens must be re-filed.
Can someone file a false lis pendens against my property?
Improper or frivolous lis pendens filings do occur. If a lis pendens is filed without a legitimate underlying claim, you can file a motion to expunge it. Some states impose penalties (attorney fees and costs) on parties who file lis pendens in bad faith.
Is lis pendens used only in foreclosures?
No. Lis pendens can be filed in any lawsuit that directly involves real property — divorce cases (division of marital property), boundary disputes, mechanic's lien claims, easement disputes, and contract claims involving property sales. Foreclosure is simply the most common context.
Related terms
- Judicial ForeclosureA foreclosure process filed and decided in court before a sale.
- Notice of DefaultA formal notice stating that the borrower is in default under a mortgage.
- Pre-ForeclosureThe time after you've fallen behind on the mortgage and before a foreclosure sale. You still own the home.
- ForeclosureThe legal process where a lender takes your home after you stop making mortgage payments. The process and timeline vary significantly by state.
- Foreclosure SaleThe public auction where a home is sold at the end of a foreclosure. The highest bidder, which can be the lender, gets the home.
- Notice of SaleA formal notice that your home has been scheduled for a foreclosure auction. Includes the date, time, and location of the sale.
- DefaultA serious failure to meet the terms of your mortgage — usually missing several payments. Default is what triggers the foreclosure process.
- Deficiency JudgmentA court judgment for an unpaid mortgage balance left after a foreclosure sale.
Sources and method
- Cornell Law Institute — Lis Pendens, at law.cornell.edu
- American Bar Association — Lis Pendens, at americanbar.org
- Nolo — Lis Pendens in Foreclosure, at nolo.com
- National Consumer Law Center — Foreclosures, at nclc.org
- Revised Code of Washington, at app.leg.wa.gov
- Revised Code of Washington, at app.leg.wa.gov
- Florida Statutes, at leg.state.fl.us
- Pennsylvania Code, at pacodeandbulletin.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.