Lis Pendens

What Is a Lis Pendens?

A lis pendens (Latin for "pending litigation") is a notice recorded in the public records that a lawsuit has been filed involving a claim to real property. It serves as a warning to anyone searching the chain of title: this property is the subject of a legal dispute, and any interest acquired while the lawsuit is pending may be affected by the outcome.

Recording a lis pendens does not prevent the property from being sold or mortgaged, but it effectively makes the property unmarketable because no buyer or lender will proceed knowing the title is in dispute.

Florida Lis Pendens Law

Lis pendens in Florida is governed by Section 48.23, Florida Statutes. Key provisions:

• Who can file — Any party to a lawsuit that involves a claim to title or right to possession of real property can record a lis pendens.
• Automatic effect — Once recorded, the lis pendens puts the world on constructive notice. Any person who acquires an interest in the property after the lis pendens is recorded takes subject to the outcome of the lawsuit.
• No court order required — For actions that directly involve title (foreclosure, quiet title, specific performance), the lis pendens can be recorded without prior court approval. For other claims, a court order may be required under Section 48.23(3).
• Discharge — The property owner can petition the court to discharge the lis pendens by posting a bond or by showing that the claimant's claim is not valid. The court can also discharge a lis pendens if the claimant fails to show a fair nexus between the claim and the property.

When Lis Pendens Is Used

• Foreclosure — The lender records a lis pendens at the same time the foreclosure complaint is filed.
• Quiet title actions — A party claiming ownership records a lis pendens to protect their interest during litigation.
• Contract disputes — A buyer seeking specific performance (forcing the seller to complete the sale) records a lis pendens to prevent the seller from selling to someone else.
• Partition actions — Co-owners seeking to divide or sell jointly owned property.
• Construction lien enforcement — Contractors may record a lis pendens when filing a lien foreclosure action.

Impact on Real Estate Transactions

A lis pendens is identified during the title search and will prevent the title company from issuing title insurance until it is resolved. The property is effectively frozen: it cannot be sold or refinanced at clear title while the lis pendens is active.

Related Terms

• Foreclosure — Lis pendens is recorded with every foreclosure filing
• Quiet Title Action — Often accompanied by a lis pendens
• Cloud on Title — A lis pendens creates a cloud
• Chain of Title — Lis pendens appears in the chain

Barnes Walker Lis Pendens Services

Barnes Walker's attorneys file and defend against lis pendens in real estate disputes throughout Southwest Florida, and the firm's title company identifies lis pendens during every title search. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC