Lis Pendens in Foreclosure: The Complete Guide

1. What Is a Lis Pendens?

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. In foreclosure cases, the lis pendens 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.

2. How a Lis Pendens Affects Your Property

Once recorded, a lis pendens has significant practical effects:

• Clouds title — The property title becomes "clouded," making it virtually impossible to sell or refinance
• Prevents sale — Title companies will not insure a property with a lis pendens, blocking most sales
• Affects credit — The lis pendens itself may not affect your credit score, but the underlying foreclosure certainly will
• Triggers deadlines — In judicial foreclosure states, the lis pendens starts the clock on your Answer deadline
• Public record — The lis pendens is a permanent public record, visible to anyone searching your property

3. How to Challenge or Remove a Lis Pendens

A lis pendens can be challenged on several grounds:

Frequently Asked Questions