Lis pendens
A notice recorded in county land records that a lawsuit affecting a property's title is pending, most often an early sign of foreclosure.
Definition
A lis pendens (Latin for "suit pending") is a notice recorded in the county land records that a lawsuit has been filed affecting title to or possession of a specific property. It warns anyone who buys the property or lends against it that they take it subject to the outcome of the case.
Most lis pendens filings on homes come from mortgage foreclosures in judicial foreclosure states, but they are also filed in quiet title, partition, construction lien and contract disputes. Florida's statute, for example, requires the notice to name the parties, the court, the property and the relief sought, and a notice not founded on a recorded instrument or a construction lien generally expires one year after the action is filed unless the court extends it. A lis pendens tied to a foreclosure is one of the earliest public signals that an owner is in trouble, often months before a sale date is set.
Source: leg.state.fl.us
Read the guide
Foreclosure · 8 min read
What Is a Lis Pendens? A Plain Guide for Investors and Agents
What a lis pendens is, which lawsuits produce one, how it affects title and buying, how it ends, and how to find one in county records.
Foreclosure · 12 min read
Pre-Foreclosure: What It Is and How to Reach Owners Before the Auction
What pre-foreclosure means, how the timeline runs in judicial and non-judicial states, where the records are, and how to reach owners the right way.
Ownership and court records · 13 min read
Court Records for Real Estate Investors: Cases That Point to Sellers
Court records for real estate investors: which civil cases signal a sale, where to search state, county and federal dockets, and how to read them.
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