Question 1

How is a lis pendens filed in Florida?

Accepted Answer

Filing process: (1) File the lawsuit first (the lis pendens must reference a pending action). (2) Prepare the lis pendens document (including: the names of the parties, the court and case number, the legal description of the property, and a statement that the action could affect title to or possession of the property). (3) Record the lis pendens with the clerk of court in the county where the property is located. (4) Serve the lis pendens on the property owner (service is required under Section 48.23). The filing fee is the standard recording fee (typically $0 for the first page plus $8.50 for each additional page). No court order is required to file a lis pendens (it is filed as a matter of right in actions that directly affect title).

Question 2

How can a Florida property owner remove a lis pendens?

Accepted Answer

Removal methods: (1) Motion to dissolve (the property owner files a motion under Section 48.23(3), arguing that the lis pendens is unjustified; the court holds a hearing and may dissolve the lis pendens if the filing party fails to show: a fair nexus between the lawsuit and the property, and a reasonable likelihood of success on the merits). (2) Bond (the property owner posts a bond in the amount determined by the court; the bond substitutes for the property as security). (3) Settlement (the parties settle the underlying lawsuit and the lis pendens is released). (4) Final judgment (if the court rules in favor of the property owner, the lis pendens is dissolved). (5) Voluntary release (the filing party records a release of the lis pendens).

Question 3

What are the consequences of filing a wrongful lis pendens in Florida?

Accepted Answer

Consequences: Section 48.23(2) provides that a person who wrongfully files a lis pendens (without a good faith basis) may be: liable for damages (including the property owner’s lost sale proceeds, carrying costs during the litigation, and attorney fees incurred in dissolving the lis pendens), liable for attorney fees (the court may award the property owner’s attorney fees as a sanction for wrongful filing), and subject to tort liability (the wrongful filing may constitute abuse of process or malicious prosecution). Florida courts treat wrongful lis pendens filings seriously because of the significant harm they cause to property owners.

Lis Pendens Notice Pending Litigation

Lis Pendens: Filing and Removal in Florida

Filing Process

Removal Methods

Wrongful Filing

Related Terms

Barnes Walker Real Estate Litigation

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