Question 1

What is a notice of lis pendens in Florida?

Accepted Answer

A notice of lis pendens (Latin: "pending litigation") is a recorded notice that a lawsuit affecting title to real property is pending. In Florida (Section 48.23): the notice must be recorded in the county where the property is located, it provides constructive notice to anyone who acquires an interest in the property after recording (the purchaser takes subject to the outcome of the lawsuit), and it effectively clouds the title (preventing the property from being sold or refinanced until the lis pendens is discharged).

Question 2

When is a lis pendens required or appropriate in Florida?

Accepted Answer

Uses: foreclosure (the lender must file a lis pendens when filing a foreclosure complaint; Section 48.23(1)(d)), quiet title actions (to put third parties on notice of the title dispute), specific performance (when a buyer sues to compel the seller to complete a sale), partition actions (when co-owners sue to divide property), and construction lien enforcement (filing suit to enforce a construction lien). The lis pendens must: describe the property (legal description), identify the court and case number, and be signed by the attorney of record or the party.

Question 3

How is a Florida lis pendens discharged?

Accepted Answer

Discharge: the lis pendens can be discharged by: court order (the court may discharge the lis pendens on motion by the property owner if the claimant cannot show a fair nexus between the lawsuit and the property), voluntary release (the party who filed the lis pendens records a release), settlement (the parties agree to release the lis pendens as part of a settlement), or final judgment (the court’s final judgment resolves the underlying lawsuit). To discharge on motion: Section 48.23(3) requires the claimant to show a "fair nexus" between the claim and the property; if the claimant cannot, the court must discharge the lis pendens (and may require the claimant to post a bond).

Notice of Lis Pendens

Notice of Lis Pendens in Florida

When Used

Requirements

Discharge

Related Terms

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