Lis Pendens
Definition:
Lis Pendens is a Latin term meaning “suit pending.” It refers to a formal notice filed in public records to alert potential buyers or lenders that a lawsuit involving a specific property is ongoing. The filing serves as a warning that the outcome of the litigation could affect the property’s title or ownership rights.
Lis Pendens Information
A Lis Pendens acts as a legal flag on a property’s title, notifying the public that the property is the subject of a pending court action. It is most often used in foreclosure, partition, divorce, and title dispute cases. Once filed, it effectively clouds the property’s title, discouraging potential buyers or financiers from engaging in transactions until the matter is resolved.
The purpose is to preserve the status quo and ensure that the final court judgment will be binding on anyone acquiring an interest in the property after the notice was recorded. Improper or unjustified filings can result in legal challenges or damages if found to be maliciously filed.
Florida Legal Definition
Under **Florida law**, Lis Pendens is governed by **Section 48.23, Florida Statutes**, which provides that recording a Lis Pendens gives notice to all parties that litigation affecting a property’s title is in progress. Once recorded with the **county clerk**, the notice remains valid for the duration of the lawsuit, provided the underlying claim is properly maintained.
Florida courts recognize Lis Pendens as a critical procedural tool to protect property rights and prevent transfers that could undermine the outcome of the litigation. However, a court may discharge a Lis Pendens if the claim does not directly affect the property title or if it was filed in bad faith.
How It’s Used in Practice
In practice, attorneys and lenders in Florida use Lis Pendens filings to protect interests during property disputes and foreclosures.
- Mortgage lenders file Lis Pendens to secure their claim during foreclosure proceedings.
- Divorcing spouses may use it to prevent the sale or transfer of marital property before equitable distribution.
- Real estate investors check public records for Lis Pendens notices before purchasing property to avoid legal entanglements.
- Title companies require the resolution or release of Lis Pendens before issuing title insurance or closing sales.
- Courts may remove improperly filed Lis Pendens if no valid property claim exists.
Key Takeaways
- Lis Pendens is a public notice indicating that a lawsuit involving a property’s title or ownership is pending.
- It warns buyers, lenders, and investors that the property is subject to ongoing litigation.
- Governed by Section 48.23, Florida Statutes, Lis Pendens must be recorded in the county where the property is located.
- It protects parties’ interests during litigation but can cloud the property’s title until resolved.
- Improperly filed Lis Pendens can be challenged or discharged by the court.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron & Shea, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Visit our legal department pages:
Real Estate Attorneys
Business Attorneys
Litigation Attorneys
Estate Planning Attorneys
Inheritance Attorney
Probate & Trusts
Trust • Experience • Results
Ready to Get Started?
Get started with Barnes Walker today.
