Lis Pendens

In depth

A lis pendens is filed in the county land records to alert any prospective buyer, lender, or lienholder that a lawsuit affecting the property is pending. Once recorded, anyone acquiring an interest takes subject to the outcome of the litigation. Misconception: a lis pendens is not a lien; it is a procedural notice that becomes binding through the underlying lawsuit. Practically, lis pendens filings are common in foreclosures, partition actions, quiet title suits, and contract disputes. They effectively freeze the property's marketability until released. Improper or extortionate lis pendens filings can be expunged, and filers face slander of title liability. In owner-finance disputes, sellers often record lis pendens when commencing forfeiture or foreclosure to protect their position against intervening transfers.