A lis pendens (Latin for "suit pending") is a written notice recorded with the county recorder that alerts the world that a property is the subject of pending litigation — typically a foreclosure lawsuit. In judicial foreclosure states, the lis pendens is recorded when the lender files the complaint. It clouds your title, making it virtually impossible to sell or refinance the property until the litigation is resolved. At Dream Financial Management, we help homeowners understand and challenge lis pendens filings nationwide.
Once a lis pendens is recorded, title companies will not insure the property. You cannot sell or refinance without either: (1) resolving the foreclosure (dismissal, settlement, or payoff), or (2) having the lis pendens expunged (removed) by court order. This is why the lis pendens is such a powerful tool for lenders — it effectively freezes your ability to deal with the property.
The lis pendens is typically recorded simultaneously with the foreclosure complaint — or shortly after. In some states (New York), it's called a "Notice of Pendency." In others, it's simply "Lis Pendens."
The legal description of the property, the names of the parties, the court where the case is pending, the case number, and a statement that the action affects title to or possession of the property.
The lis pendens remains until the case is resolved (judgment, dismissal, or settlement) and a notice of discharge/expungement is recorded. In some states, it automatically expires after a certain period if no action is taken.
If the foreclosure complaint fails to state a valid claim affecting title, or if the lis pendens was improperly recorded, you can file a motion asking the court to expunge (remove) it. In some states, expungement requires showing the plaintiff cannot prevail on the merits. Successfully expunging the lis pendens clears your title — enabling sale or refinance.
In some jurisdictions, you can post a bond to substitute for the lis pendens. The bond protects the lender's interest while freeing your title. This is rarely practical for individual homeowners due to bond costs.
The most common path: settle the foreclosure through loan modification, reinstatement, short sale, or deed-in-lieu. Once resolved, the lender records a satisfaction or discharge, removing the lis pendens. See foreclosure alternatives →
Dream Financial Management evaluates your foreclosure case and explores all options — including expungement, settlement, and defense strategies. Since 1994. Free consultation.