Foreclosure GlossaryLegal term
What Is a Lis Pendens?
A lis pendens is a recorded public notice that a lawsuit affecting a property’s title or possession is pending. Anyone who later buys or lends against the property is bound by the court’s ruling, even without knowing about the case.
The phrase is Latin for “suit pending,” according to the Cornell Legal Information Institute. It is usually the first public sign that a lender has gone to court to foreclose, which puts it near the top of any foreclosure glossary. New York calls it a “notice of pendency” and California a “notice of pendency of action.”
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How Does a Lis Pendens Work?
A lis pendens works by recording the lawsuit on the county land records, so every later buyer or lender is treated as knowing about the case. The party suing, such as a foreclosing lender, files it with the county recorder or clerk, naming the parties, the court and the property. Lawyers call the effect constructive notice, meaning the law treats you as aware of the suit whether or not you searched the records. Under CPLR 6501 in New York, anyone who records a deed or mortgage after the notice is bound by the case as if they were a party.
How Is a Lis Pendens Removed?
A lis pendens comes off the record in one of four ways, depending on how the lawsuit ends and on state law.
- Release: the filer withdraws it, often after the loan is paid off.
- Court order: a judge cancels or expunges it. California’s Code of Civil Procedure § 405.32 requires expungement when the filer cannot show the claim is probably valid.
- Expiry: some states let the notice lapse after a set time.
- End of the case: once the suit is settled, dismissed or decided, the notice can be cancelled.
Where Does a Lis Pendens Fit in a Judicial Foreclosure?
A lis pendens is usually recorded at the start of a judicial foreclosure, where the lender must sue the owner and a judge oversees the sale. The usual order is lawsuit and notice, service on the owner, judgment, then auction. Because the notice binds later interests, the auction buyer takes title free of liens recorded after the case began. Non-judicial foreclosures run by a trustee have no lawsuit, so they usually start with a notice of default instead. To see which route your state uses, compare the foreclosure process in every state.
What Does a Lis Pendens Mean for Owners, Buyers and Investors?
A lis pendens makes a home hard to sell or refinance, tells buyers to wait, and gives investors early warning of likely auctions.
Owners: you still own and live in the home, but the notice clouds your title, so no title company will insure a new sale or loan until it is released.
Buyers: buying while a notice stands means buying into the lawsuit, so close only once it is released or the title company confirms in writing how it will be cleared.
Investors: foreclosure filings are public and often precede an auction by months.
Lis Pendens Rules by State
Lis pendens rules differ by state on how long the notice lasts, who must be served and how a court removes it. Florida’s 1-year limit is in section 48.23 of the Florida Statutes.
| State | Rule | Statute |
|---|---|---|
| Florida | Expires 1 year after filing unless the claim rests on a recorded document such as a mortgage, or a court extends it | Fla. Stat. § 48.23(2) |
| California | A court must expunge it if the filer cannot prove the claim is probably valid | Cal. Civ. Proc. Code §§ 405.20, 405.32 |
| New York | Lasts 3 years from filing, and a court can extend it for good cause | N.Y. CPLR 6501, 6513 |
| Texas | A copy must reach each party with an interest in the property within 3 days of filing | Tex. Prop. Code § 12.007 |
| North Carolina | Required in foreclosure suits, and void unless the owner is served or publication starts within 60 days | N.C. Gen. Stat. §§ 1-116, 1-119 |
Because a foreclosure rests on a recorded mortgage, a Florida foreclosure notice does not lapse after a year. New York’s 3-year term in CPLR 6513 means long cases need an extension, which the New York foreclosure timeline helps you anticipate. Texas sets its 3-day rule in Property Code § 12.007, and North Carolina’s rules are in Chapter 1, Article 11 of its General Statutes.
Example
The following is a fictional example. Maria, in Orlando, falls 5 months behind, and on March 3 her lender sues and records a lis pendens. In May she accepts a $310,000 offer against a $268,000 payoff. The lender is paid at closing and records a release, and Maria keeps her equity less costs. Waiting out the notice was never an option, because a notice based on a mortgage does not lapse. To see what would have come next had she not sold, follow the Florida foreclosure process.
FAQ
Is a Lis Pendens the Same as a Lien?
No, a lis pendens is a notice that a lawsuit about the property is pending, while a lien is a claim for money. In a foreclosure the mortgage is the lien, and the lis pendens announces the suit to enforce it.
How Long Does a Lis Pendens Last?
A lis pendens usually lasts until the case ends or the filer releases it, unless state law sets a limit. New York notices last 3 years unless extended.
Can You Sell a House with a Lis Pendens on It?
You can, but the buyer takes the home subject to the lawsuit, so most buyers and title insurers will not close until the notice is cleared, usually by paying off the lender at closing.
Sources
- Lis Pendens. Cornell Law School Legal Information Institute. https://www.law.cornell.edu/wex/lis_pendens
- Florida Statutes § 48.23 (2025). The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2025/48.23
- California Code of Civil Procedure § 405.32. FindLaw. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-405-32/
- New York CPLR 6501. New York State Senate. https://www.nysenate.gov/legislation/laws/CVP/6501
- New York CPLR 6513. New York State Senate. https://www.nysenate.gov/legislation/laws/CVP/6513
- Texas Property Code § 12.007. FindLaw. https://codes.findlaw.com/tx/property-code/prop-sect-12-007/
- North Carolina General Statutes Chapter 1, Article 11. North Carolina General Assembly. https://ftp.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_1/Article_11.pdf
This page explains the general process and is not legal advice. Rules change and courts interpret them, so confirm with a real-estate attorney in your state before acting.