What is a lis pendens?

A lis pendens (Latin for "suit pending") is a formal notice filed in the property records of the county where real estate is located. It announces that litigation has been filed that may affect the title, ownership, or rights to that property. Once recorded, the notice becomes part of the property's title history and serves as a warning to any potential buyer, lender, or title company that the property's status is disputed or encumbered by an active legal claim.

The presence of a lis pendens typically halts transactions involving the property. Title companies will not issue a policy insuring clear title while a lis pendens exists, which means buyers cannot close a purchase and lenders will not provide financing. Similarly, homeowners cannot refinance a property burdened by a lis pendens. The notice remains recorded until the underlying lawsuit is resolved, dismissed, or the party who filed it agrees to remove it.

In foreclosure cases, a lis pendens may be filed by the lender or attorney handling the foreclosure to notify the public that judicial proceedings have begun. It can also be filed by borrowers in some jurisdictions to signal counterclaims or defenses. The effect is the same: the property is locked in limbo from a transaction perspective. This is why title review is critical when purchasing or refinancing property, and why working with title professionals ensures you understand any encumbrances before committing to a transaction.