Lis pendens — Latin for "litigation pending" — is a recorded notice filed with the county that alerts the public to an ongoing lawsuit that may affect the title or ownership of a specific property. When a lis pendens is recorded, anyone who subsequently purchases or lends against the property does so with constructive knowledge of the lawsuit and is bound by its outcome. In practical terms, a lis pendens makes a property virtually unmarketable — no buyer or lender will proceed while the lawsuit is unresolved.
Common lawsuits that trigger lis pendens filings include: mortgage foreclosure actions (the most common), divorce proceedings involving property division, partition suits (where co-owners disagree and one wants to force a sale), contract disputes (a buyer claiming the seller breached the purchase agreement), boundary disputes, mechanic's lien enforcement actions, and quiet title actions. The lis pendens itself does not determine the outcome — it simply puts the world on notice that the property is subject to litigation.
A lis pendens effectively creates a cloud on title, preventing the property from being sold with clear title. Title insurance companies will not insure a property with an active lis pendens because the lawsuit could result in the buyer losing ownership entirely. Mortgage lenders will not fund loans against properties with lis pendens for the same reason. Even cash buyers would be taking an enormous risk purchasing property with pending litigation.
Removing a lis pendens requires resolving the underlying lawsuit — through settlement, court judgment, or voluntary dismissal by the party who filed it. In some states, the property owner can petition the court to discharge a lis pendens that was filed without adequate basis (a "frivolous" lis pendens). Florida law allows a court to require the filing party to post a bond if the lis pendens is challenged and the court finds it may have been filed without sufficient basis.
During the title search, any lis pendens is immediately flagged as a critical issue. At Beycome Title, if we discover a lis pendens during our search, we notify all parties immediately and work to understand the nature of the lawsuit, the likelihood of resolution, and the timeline for dismissal. In some cases, the lawsuit can be resolved before the closing date; in others, the closing may need to be postponed or the contract may need to be cancelled. Get your free title quote.