What Is a Lis Pendens in Real Estate?

A lis pendens is a legal notice filed in public records indicating that a property is involved in a pending lawsuit. This alerts buyers and lenders that ownership, title, or the property’s condition may be affected by litigation.

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💡 Why a Lis Pendens Matters

A lis pendens warns anyone reviewing the title that the property is part of an ongoing legal dispute. Because of the risk, buyers, lenders, and title companies generally will not proceed until the lawsuit is resolved or the notice is removed.

  • ✔ Signals unresolved legal issues affecting the property
  • ✔ Creates a cloud on title until lifted
  • ✔ Can block or delay a sale or refinance
  • ✔ Alerts lenders to potential risk before issuing financing
  • ✔ Publicly records that ownership may be disputed

Related: What Is a Cloud on Title?

📌 Common Reasons for a Lis Pendens

A lis pendens can be filed in many types of lawsuits that involve or may affect real estate. Common situations include:

  • Foreclosure actions
  • Boundary or easement disputes
  • Divorce or marital property disputes
  • Inheritance or heirship claims
  • Contract disputes related to the sale
  • Claims of fraud or invalid deed transfers
  • Mechanic’s lien lawsuits
  • Title defect litigation

For related issues, see: What Is a Title Defect?

🔎 How a Lis Pendens Works

Once filed, the lis pendens becomes part of the property’s public record and remains there until the lawsuit is resolved or withdrawn.

  • 1. A lawsuit is filed that involves or affects real estate.
  • 2. The plaintiff records a lis pendens at the county recorder’s office.
  • 3. The notice alerts anyone checking title that the outcome may affect ownership.
  • 4. Title is clouded—lenders, buyers, and insurers typically halt the transaction.
  • 5. Once the lawsuit ends, the notice is released or expunged.
  • 6. Title company clears the record so the property can sell or refinance.

If the dispute escalates, it may require a Quiet Title Action.

❗ FSBO Warning: A Lis Pendens Can Stop a Closing Immediately

If a lis pendens is found during the title search, most buyers and lenders will not proceed. FSBO sellers must resolve or remove the lis pendens before the sale can close.

  • Buyers may cancel under the title contingency
  • Title insurance cannot be issued
  • Lenders will not fund the loan
  • Closing is delayed until litigation is resolved

Learn how title insurance protects you: What Is Title Insurance?

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