What Is a Lis Pendens?
A lis pendens is a public notice that a lawsuit involving your property is pending — and it can freeze a home sale in its tracks. Learn what it means, why it is filed, and how to remove it.
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If you are trying to sell your home or buy a new one, discovering a “lis pendens” on the property title can bring the entire transaction to a grinding halt. This Latin phrase strikes fear into the hearts of real estate agents and homeowners alike — and for good reason. It signals that the property is tied up in an active legal dispute that must be resolved before the title can be transferred cleanly.
Lis Pendens Definition
A lis pendens (pronounced lis pen-denz) is a Latin term that translates to “suit pending.” In real estate, it is an official, public notice filed in the county records indicating that a lawsuit involving the property has been initiated. It serves as a warning to anyone interested in buying or financing the home that the title is currently under legal dispute.
Filing a lis pendens does not mean the person suing has won their case, nor does it immediately strip the homeowner of their property rights. However, it creates a severe cloud on title. Because the notice is attached to the property deed, any buyer who purchases the home takes it subject to the outcome of the lawsuit — meaning they could potentially lose the property if the plaintiff wins.
Why Is a Lis Pendens Filed?
A lis pendens can only be legally filed if the underlying lawsuit directly affects the title, ownership, or right to possess the real estate. The most common reasons include the following scenarios.
1. Foreclosure Actions
This is the most common reason for a lis pendens. When a homeowner falls behind on their mortgage payments, the lender will file a foreclosure lawsuit and simultaneously record a lis pendens. This alerts the public that the bank is attempting to seize the property to satisfy the unpaid debt. In judicial foreclosure states, this filing is a standard part of the foreclosure process.
2. Divorce and Property Division
During a contentious divorce, one spouse may file a lis pendens against the marital home to prevent the other spouse from selling or refinancing the property without their knowledge or court approval. The notice remains in place until the court issues a final decree dividing the marital assets.
3. Contractor Disputes (Mechanic’s Liens)
If a homeowner fails to pay a contractor for major renovations, the contractor can file a mechanic’s lien against the property. If the dispute escalates to a lawsuit to enforce that lien, a lis pendens will be recorded against the property as part of the legal action.
4. Property Fraud and Title Disputes
If you discover that a fraudster has forged a deed to steal your home — a form of deed fraud — you or your attorney would file a quiet title action to restore your ownership. As part of that lawsuit, a lis pendens would be filed to prevent the fraudster from selling your home to an unsuspecting buyer while the court case is ongoing.
How It Affects Homeowners and Buyers
For a homeowner, a lis pendens is a massive roadblock. While you technically still own the home and have the right to list it for sale, the property becomes almost impossible to sell or refinance in practice.
Buyers are highly unlikely to purchase a home with a lis pendens because if the plaintiff wins the lawsuit, the buyer could lose the property. Furthermore, mortgage lenders will not approve a loan for a property with an active lis pendens, and title companies will refuse to issue title insurance until the dispute is resolved. This is why it is so important to know whether your house title is clear before listing your home.
Fraudsters Use Lis Pendens as a Weapon
While a lis pendens is a legitimate legal tool, scammers sometimes file frivolous lawsuits and record a fraudulent lis pendens against a property to extort money from the homeowner. Because the filing blocks the homeowner from selling or refinancing, the scammer hopes the owner will pay a “settlement” just to make the lawsuit go away. HomeLock provides 24/7 monitoring of your property records, alerting you immediately if a lis pendens or any unauthorized document is filed against your home. Learn more about home title protection to secure your equity today.
How to Remove a Lis Pendens
Removing a lis pendens requires resolving the underlying legal issue. You cannot simply ask the county clerk to delete it. The most common paths to clearing the notice include the following options.
- Settling the Lawsuit: If you pay the disputed debt — such as catching up on mortgage payments or paying the contractor — the plaintiff will file a “Release of Lis Pendens” with the county to clear the title.
- Winning the Case: If the court rules in your favor and dismisses the lawsuit, the judge will order the lis pendens to be expunged from the property records.
- Filing a Motion to Expunge: If you believe the lis pendens was filed maliciously or the lawsuit does not actually involve a real estate claim, your attorney can file a motion asking the judge to immediately remove the notice before the case concludes.
In cases involving real estate fraud, clearing a lis pendens can be a lengthy and expensive process. This is why proactive monitoring of your property title — so you are alerted the moment any document is filed — is far less costly than fighting a fraudulent filing after the fact.
Frequently Asked Questions
Can you sell a house with a lis pendens?
Technically yes, but practically no. A buyer would have to pay cash and be willing to accept the risk of losing the property if the lawsuit is lost. Traditional buyers using a mortgage cannot buy the home because lenders will not finance a property with a clouded title, and title companies will not insure the transaction.
How do I know if there is a lis pendens on my property?
A lis pendens is recorded in the county land records. You can find out by performing a title search, checking your county recorder’s online database, or using a property monitoring service like HomeLock that alerts you in real time whenever a new document is filed against your home. You can also learn how to find out if someone filed a deed on your property using publicly available records.
Is a lis pendens the same as a lien?
No. A lien is a financial claim against the property for an unpaid debt — such as unpaid property taxes, contractor fees, or a judgment. A lis pendens is a public notice that a lawsuit is pending. However, a lawsuit to enforce a lien will often result in a lis pendens being filed simultaneously.
How long does a lis pendens last?
A lis pendens remains on the property title until the underlying lawsuit is resolved — either through a court judgment, a settlement, or a voluntary dismissal. In some states, a lis pendens automatically expires after a set period (commonly one to three years) if no action is taken to renew it. However, the plaintiff can typically refile to extend the notice.
Sources
- Investopedia. “What Is a Lis Pendens? Definitions and Examples.” https://www.investopedia.com/terms/l/lis-pendens.asp
- FastExpert. “Can You Sell a House with Lis Pendens?” https://www.fastexpert.com/blog/can-you-sell-a-house-with-lis-pendens/