A lis pendens is the official notice that a lawsuit has been filed affecting your property. In foreclosure, it's the document that clouds your title and signals the start of a legal battle. Learn what lis pendens means, how it affects property ownership, and how to challenge or remove one.
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Lis pendens is Latin for "suit pending." It is a written notice recorded in the county land records that informs the public — and any potential buyers or lenders — that a lawsuit has been filed affecting the title to or possession of real property. A foreclosure lis pendens is the version of this notice that is recorded when a lender files a foreclosure lawsuit, and it is most commonly seen in judicial foreclosure cases where the lender sues in court rather than proceeding by power of sale. The notice is typically filed by the lender at the same time or shortly after the foreclosure complaint is filed with the court.
The lis pendens serves two critical functions: (1) it gives constructive notice to the world that the property is subject to litigation, and (2) it prevents the homeowner from selling or transferring the property free and clear of the lender's claim. Any buyer who purchases the property after a lis pendens is recorded takes title subject to the outcome of the lawsuit.
Key Point
A lis pendens is NOT the same as a foreclosure judgment. It is merely a notice that litigation has commenced. You still have the right to defend the foreclosure and potentially win your case, at which point the lis pendens can be removed.
Once recorded, a lis pendens has significant practical effects:
The lis pendens is the linchpin that connects the foreclosure lawsuit to your property. In a judicial foreclosure, the sequence typically looks like this:
The lender notifies you that you are in default on your mortgage and that foreclosure action may follow.
The lender files a lawsuit in county court seeking to foreclose on your property. You are now a defendant.
Around the same time, the lender records a notice of pending action in the county land records, putting the world on notice and clouding title.
You are served with the complaint. From this moment, the clock starts on your Answer deadline — typically 20 to 35 days. Missing it can result in a default judgment.
Once the case is resolved — by settlement, dismissal, or trial — the lis pendens must be released or expunged from the record.
Why Speed Matters
The single biggest mistake homeowners make is ignoring the foreclosure summons and Answer deadline. Once a default judgment is entered, your defenses — including challenges to standing and the validity of the lis pendens — are much harder to raise. Act within the earliest days after service. For a general walkthrough, see How to Answer a Foreclosure Summons.
A lis pendens can be challenged on several grounds:
The lis pendens was not properly recorded according to state law (wrong county, missing signatures, procedural defects).
The party that filed the lis pendens does not actually own or hold the promissory note and therefore lacks standing to foreclose. See: Standing to Foreclose Guide
If the foreclosure case is settled, dismissed, or you win at trial, the lis pendens should be released. You may need to file a motion to expunge.
Some states permit the homeowner to post a bond to release the lis pendens — essentially guaranteeing the lender's interest while freeing the property for sale or refinance.
Expungement (or expunction) is the legal process of removing a lis pendens from the public record before the underlying lawsuit is resolved. It is an essential tool when the notice was filed improperly or is being used to harass you.
You typically file a motion to expunge directly with the court that is hearing the foreclosure case. The court will weigh whether the lawsuit was brought in good faith and whether the notice is clouding your title without justification.
Because courts in many jurisdictions refuse to expunge a validly recorded lis pendens while the foreclosure is pending, an expungement motion is most successful when combined with a substantive defense — such as a lack of standing — that undermines the foreclosure itself.
Lis pendens rules vary significantly from state to state — from whether the notice must be filed in a particular county, to whether courts will expunge it, to how long it remains valid. A few general patterns:
Lis pendens is common and closely tied to the court case. Expungement typically requires a court order. Examples include many East Coast states and parts of the Midwest.
Foreclosure generally proceeds through a power of sale without a court file, so lis pendens is far less commonly used. Notices of Default serve a similar warning role instead.
Some states automatically void a stale lis pendens after a set period (often 1–3 years) unless the filer takes action to keep it alive — a fact that can work in your favor.
A number of states expressly allow a homeowner to post a bond to substitute for the lis pendens, releasing the property while the case remains pending.
Note
The specific county recorder's office, court, and statutory requirements in your state control what you can do. This guide is educational — always confirm the rules that apply to your jurisdiction before acting.
Once the foreclosure case is over — whether you won, settled, or the case was dismissed — the lis pendens should not remain on your title. Removing it requires recording a release and, where necessary, obtaining a court order.
Determine whether the case ended by dismissal, settlement, or judgment, and obtain the official court order or dismissal document.
Get a signed release of lis pendens from the lender or their counsel, or request that the court order the cancellation of the notice.
File the release with the same county recorder's office where the lis pendens was recorded so it can be cleared from the title chain.
Order a title search or review the records to confirm the lis pendens no longer appears, and dispute it with any credit or title bureaus if needed.
Cleaning up your title matters even after the case ends, because a lingering lis pendens can block a future sale or refinance. Make the removal a priority and keep copies of every document you record.
A lis pendens means litigation has started. You have limited time to respond — typically 20-35 days. Our team prepares court-ready Answers and defenses to fight the foreclosure and protect your property.