A lis pendens is a public notice, recorded with the county, that a lawsuit affecting your property has been filed. In a foreclosure, it usually means your lender has sued to foreclose in court. It is not a sale and not a lien, and you still own the home. You can often still catch up, get help, or sell.
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Finding a Latin legal term attached to your home can feel like you have already lost it. You have not. This notice starts a court process, and you still have rights and time inside it.
Lis pendens is Latin for "a suit pending." It is a short document recorded in the county property records that says a lawsuit has been filed that could affect who owns the property or what liens are on it.
The point is to warn anyone who might buy or lend on the home. Anyone who buys the property after the lis pendens is recorded generally takes it subject to the outcome of the case. In New York, the same document is called a notice of pendency.
A lis pendens is not a lien and does not by itself transfer ownership. It is a notice, but it is a serious one, because it clouds the title until the case ends.
Not always, but when the lawsuit is filed by your mortgage lender or servicer, yes, it usually means a judicial foreclosure has started. A lis pendens can also be filed in other cases, such as a boundary dispute, a divorce, or a contractor's lien claim.
Lis pendens are common in judicial foreclosure states, where the lender must sue in court to foreclose. Florida, New York, New Jersey, Illinois, Ohio, and Pennsylvania are examples. In non-judicial states like Texas and California, most foreclosures go through a trustee instead, so you are more likely to see a notice of default or a notice of sale. See judicial vs. non-judicial foreclosure for the difference.
If you found a lis pendens on your home, you should also have been served, or soon will be, with a summons and complaint. Those papers start your deadline to respond. Read served with foreclosure papers next.
The lawsuit moves forward in court. In general, it goes like this:
Judicial foreclosures often take many months. ATTOM reported that, nationally, foreclosures completed in Q2 2026 took an average of 563 days to complete. Your timeline depends on your state, your court, and how the case goes.
Sometimes, but usually not in a mortgage foreclosure case. The rules depend on your state:
| State | Rule | What it means for a foreclosure |
|---|---|---|
| Florida (Stat. §48.23(2)) | A lis pendens expires 1 year after the case starts, unless the case is founded on a duly recorded instrument or a construction lien, or the court extends it | A foreclosure on a recorded mortgage is founded on a recorded instrument, so the 1-year limit generally does not apply |
| New York (CPLR 6513) | A notice of pendency lasts 3 years from filing and can be extended by the court for good cause | Long foreclosure cases may need an extension; the lender must file the notice at least 20 days before a judgment of sale (RPAPL §1331) |
Once the case is dismissed, settled, or the loan is paid off, the lender should record a release or the court can order the lis pendens discharged. If the case ends and the notice is still on your record, ask the lender's attorney for a release in writing.
Usually, yes. You still own the home until the foreclosure sale. A lis pendens scares off some buyers because it warns of the lawsuit, but a title company can close the sale if the mortgage is paid off at closing. After payoff, the lender generally dismisses the case and releases the lis pendens.
Selling before the court sale can let you keep your equity instead of losing it at auction. Options include listing with an agent, a short sale if you owe more than the home is worth, or a direct cash buyer who can close quickly. The key is to leave enough time to close before the sale date.
Yes, in a few ways. It generally comes off when the lender releases it after the loan is caught up, modified, or paid off, or when the court orders it discharged because the case was dismissed or the notice was improper. In Florida, courts can control and discharge a lis pendens when the case is not founded on a recorded instrument (§48.23(3)).
Trying to remove a lis pendens in a valid foreclosure case usually does not work unless the case itself is resolved. A foreclosure attorney can review whether your notice was filed properly.
Sources (checked 2026-09-26):
No. A lis pendens is a notice that a lawsuit is pending. It does not create a lien by itself, but it warns buyers and lenders that the outcome of the case could affect the property.
Under Florida Statute §48.23, a lis pendens generally expires one year after the lawsuit starts. The exception is a case founded on a duly recorded instrument, like a recorded mortgage, so a lis pendens in a typical mortgage foreclosure does not expire after one year.
In everyday use, yes. Once a lis pendens is recorded in a foreclosure case, the home is often listed as being in pre-foreclosure, meaning the case has started but the home has not been sold.
It does not legally block you from selling, but it clouds the title. In practice, most buyers need the foreclosure case resolved or the mortgage paid off at closing, which then lets the lender release the lis pendens.
No. In a foreclosure, the lis pendens is filed by the lender as part of its lawsuit. It is a sign that foreclosure is moving forward, not a way to stop it.
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