A lis pendens is a recorded notice telling the public that a lawsuit has been filed that could affect who owns or controls a specific piece of real estate. The term is Latin for "suit pending." Once a lis pendens is in the county land records, anyone who buys the property or lends against it is treated as knowing about the case and generally takes the property subject to whatever the court decides.
If you just found one on your house, or a title company flagged one on a home you're buying, the details matter. A lis pendens can freeze a sale for months, and it's sometimes filed for the wrong reasons. Nearly all the rules are state law, so this guide works from the federal statute and the statutes of Florida, New York and Texas, and flags where your state may differ.
What does lis pendens mean?
Think of a lis pendens as a warning sign posted on the property's public record. It doesn't decide anything. It tells the world that a court case exists, names the parties, describes the land, and says what the person filing it is asking the court to do.
Lawyers call its effect "constructive notice." The law treats you as knowing what's in the public record even if you never looked. New York's version of the rule is typical in spirit: under New York CPLR 6501, a person whose deed or mortgage is recorded after the notice is filed "is bound" by the later proceedings in the case to the same extent as a party. If the plaintiff wins and the court awards them the property, a buyer who closed after the notice went on record can't claim surprise.
Some states use a different name. New York's statutes say "notice of pendency." Florida and Texas say "lis pendens." They describe the same basic tool.
Is a lis pendens a lien or a judgment?
No to both, and the difference trips up a lot of homeowners.
A lien is a claim against property to secure payment of a debt. A mortgage is a lien. So is a recorded judgment lien in many states, which you can read about in our guide on whether a collection agency can put a lien on your property. A lien says "this property backs up money owed to me."
A lis pendens says something narrower. Someone has filed a lawsuit that might change who owns the property or what rights others have in it, and the outcome hasn't been decided. Nobody has won anything yet. You don't owe money because of it. The court hasn't found you did anything wrong.
A judgment comes at the end of a case, after a judge or jury rules. A lis pendens is filed at the start or in the middle. If the person who filed it loses, the notice should come off the record, and you'll usually want a court order or recorded release to make that official (more on that below).
Still, title insurers and lenders treat a lis pendens as a serious cloud on title, meaning anything in the records that makes ownership uncertain. So at closing it can feel a lot like a lien.
Who can file a lis pendens, and in what kinds of cases?
Generally, a party to a lawsuit that involves the real property itself. The key limit is the type of case. A lis pendens is meant for disputes over title to land or rights in land. A case that's only about money generally doesn't qualify.
The statutes show how states draw that line:
Under Texas Property Code section 12.007, a party "seeking affirmative relief" may record the notice while an action is pending that involves title to real property or the establishment of an interest in it. Cases to enforce an encumbrance against real property also qualify, as do eminent domain proceedings once the plaintiff's statement is filed.
New York CPLR 6501 allows a notice of pendency when the judgment demanded would affect title to real property or an encumbrance on it, or the right to possess and use it. It expressly excludes summary proceedings to recover possession, which is New York's term for ordinary eviction cases.
In everyday terms, the cases where you tend to see a lis pendens include mortgage foreclosures, quiet title suits (a lawsuit asking a court to declare who owns land), suits to enforce a purchase contract, boundary fights like the ones covered in our guide to neighbor property-line disputes, partition cases between co-owners, and some divorces where a specific house is in dispute. Whether a particular kind of case qualifies is a question for your state's statute and courts.
What about a federal lawsuit? Federal courts follow the state's recording system. Under 28 U.S.C. 1964, where state law requires notice of an action concerning real property to be recorded or indexed in a particular way, and state law lets federal cases be noticed the same way, "those requirements of the State law must be complied with in order to give constructive notice." The Florida and New York statutes discussed here both expressly reach actions in federal court.
How is a lis pendens recorded?
It goes into the land records of the county where the property sits, usually through the county clerk or recorder. That's the same office that holds deeds and mortgages, so it shows up in any competent title search.
The required contents are spelled out by statute. Texas requires the notice to be signed by the party, their agent or their attorney, and to state the style and number of the case, the court, the names of the parties, the kind of proceeding and a description of the property. Florida's section 48.23 requires the names of the parties, the date the action was started (or the clerk's receipt date or case number), the court, a description of the property and the relief sought.
New York adds a few twists. Under CPLR 6511, the notice goes to "the office of the clerk of any county where property affected is situated." It can be filed before or after the summons is served but only before judgment, and the complaint must be filed with it if it isn't already on file in that county. In a foreclosure on a one-to-four family home, the notice must include the name and telephone number of the mortgage servicer. The clerk then records it right away and indexes it against the block numbers or names designated.
Service on the owner is often required too. Texas says the filer must serve a copy on each party to the action who has an interest in the property no later than the third day after filing. New York's CPLR 6512 makes the notice effective only if, within thirty days after filing, a summons is served on the defendant. If the court orders service by publication, publication has to start within those thirty days and then be completed.
How does a lis pendens affect a sale or refinance?
Usually it stops both cold.
Legally, a lis pendens doesn't bar a transfer. But the buyer would take the property subject to the lawsuit, and almost no buyer or lender will accept that. A title insurance company will typically list the lis pendens as an exception to coverage, which means it won't insure against losing the property in that case. Without clean title insurance, most mortgage lenders won't fund the loan. A cash buyer might proceed, but expect a steep discount.
Refinancing hits the same wall: the new lender's mortgage would be recorded after the notice, so under statutes like New York's that lender would be bound by the outcome.
Florida's statute adds a wrinkle that matters to anyone holding an interest that was never recorded. Under section 48.23(1)(d), once a lis pendens is recorded, the holder of an unrecorded interest or lien can't enforce it against the property unless they move to intervene in the lawsuit within 30 days after the notice is recorded and the court ultimately grants the motion. The statute carves out the interests of people in possession and easements of use.
In a mortgage foreclosure, the lis pendens is usually the least of your problems. Your defenses and options matter more, including bankruptcy. Our guide on how Chapter 13 can save your home from foreclosure covers one of those routes.
How long does a lis pendens last?
It depends entirely on the state, and the differences are large.
Florida's section 48.23(2) says a notice "is not effectual for any purpose beyond 1 year from the commencement of the action." That one-year limit doesn't apply when the lawsuit is founded on a duly recorded instrument (such as a recorded mortgage, on our reading of the statute) or on a lien claimed under part I of chapter 713, Florida's construction lien law. A court can also extend the period on reasonable notice and for good cause, and time the case spends on appeal doesn't count.
New York's CPLR 6513 sets a longer clock: "A notice of pendency shall be effective for a period of three years from the date of filing." The plaintiff can ask for an extension for good cause, but the extension order has to be on file and indexed before the prior period expires. Notices that prosecutors file under CPLR 6501(b) and (c) in certain criminal matters run on separate clocks.
Texas, by contrast, doesn't build in a fixed expiration in section 12.007. Its statutes instead give owners two court routes to remove one mid-case, expunction under section 12.0071 and cancellation under section 12.008, both covered below.
Don't assume an old lis pendens has died on its own. Title companies often want a court order or recorded release before they'll ignore one, even where a statute says it expired.
How do you get a lis pendens removed?
There are three common paths, and which ones you have depend on your state.
The case ends and the notice is released
If the lawsuit is dismissed or settled, or the person who filed the notice loses, the notice should be withdrawn or canceled. New York's CPLR 6514(a) requires the court to cancel the notice on several grounds. Two of them are a case that has been settled or discontinued, and a final judgment against the plaintiff whose time for appeal has run out. Make sure something actually gets recorded. A dismissal order sitting in the court file doesn't always clear the land records by itself.
A motion to expunge or cancel
This is where an owner fights a notice while the case is still going. Texas has a specific statute for it. Under section 12.0071, the court must order the notice expunged if it finds any of these:
The pleading behind the notice doesn't contain a real property claim.
The claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim.
The person who filed the notice didn't serve a copy on each party entitled to one under section 12.007(d).
The Texas court rules on affidavits and counteraffidavits plus any other proof it allows. Notice of the motion has to be served on each affected party at least 20 days before the hearing. Once a certified copy of the expunction order is recorded, the notice no longer counts as constructive or actual notice of anything in it.
Florida takes a different approach. When the lawsuit isn't founded on a recorded instrument or a chapter 713 construction lien, section 48.23(3) says the court "shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions." The same subsection applies when the action no longer affects the property. So the judge looks at the notice much the way it would look at a request to freeze property, and can discharge it.
New York's CPLR 6514(b) gives the court discretion to cancel the notice "if the plaintiff has not commenced or prosecuted the action in good faith." Under 6514(a), cancellation is mandatory in some situations, including when the summons wasn't served within the time CPLR 6512 allows.
Posting money or a bond
Some states let the owner swap the notice for security. Under CPLR 6515, a New York court may cancel the notice when the person asking for it (usually the owner) gives an undertaking (a bond) in an amount the court sets. One ground is a finding that "adequate relief can be secured to the plaintiff by the giving of such an undertaking." The statute excludes foreclosure actions as CPLR 6516 defines them, along with actions for partition or dower.
Texas section 12.008 lets the court, on motion and after notice to each affected party, cancel the notice at any time during the proceeding if the party seeking relief can be adequately protected by a deposit of money into court or by an undertaking. The deposit must cover the judgment sought plus likely interest and costs. An undertaking must equal twice the amount of the judgment sought, backed by two sureties the court approves.
Can you recover damages for a wrongful lis pendens?
Sometimes. This answer is especially state-specific, so here's only what the statutes we read actually say.
New York's CPLR 6514(c) lets the court, when it cancels a notice, order the plaintiff to pay "any costs and expenses occasioned by the filing and cancellation," on top of ordinary court costs. The Texas lis pendens sections (12.007 through 12.008) don't provide for fees or damages against the person who filed. Florida's section 48.23 doesn't address damages either.
Beyond the lis pendens statutes themselves, some states recognize separate claims for clouding someone's title in bad faith, and some protect the filing of a lis pendens as part of litigation. Those rules vary widely. If a bogus lis pendens cost you a sale, ask a lawyer licensed in your state whether your state's law allows a damages claim and what you'd have to prove.
Lis pendens rules in four places, side by side
This table pulls together the official statutes we read. Your state may follow a completely different model.
Question
Federal court cases
Florida
New York
Texas
Main statute
28 U.S.C. 1964
Fla. Stat. 48.23
CPLR Article 65 (6501 to 6515)
Tex. Prop. Code 12.007 to 12.008
Where recorded
Follows the state's rules
County where the property is located
Clerk of any county where the property is situated
County clerk of each county where part of the property is located
How long it lasts
Follows the state's rules
1 year from the start of the case, with exceptions and court extensions
3 years from filing, extendable for good cause
No fixed term in 12.007
Service deadline
Follows the state's rules
Not addressed in 48.23
Summons served within 30 days after filing
Copy served on interested parties within 3 days after filing
Main removal tool
Follows the state's rules
Court discharges it as it would dissolve an injunction
Motion to cancel; cancellation on a bond, except in foreclosure and some other property actions
Motion to expunge; cancellation on a deposit or undertaking
Costs on wrongful filing
Not addressed in 1964
Not addressed in 48.23
Court may order the plaintiff to pay filing and cancellation costs
Not addressed in 12.007 to 12.008
What to do if you find a lis pendens on your home
Most owners find one by accident, often during a refinance. Here's a sensible order of operations.
Get a copy of the recorded notice from the county clerk or recorder. Note the case number, the court, who filed it and what relief they want.
Pull the court file and read the complaint. The notice is only as strong as the lawsuit behind it.
Check whether you were properly served. Look at the service deadlines in your state's statute, like the three-day rule in Texas or the thirty-day summons rule in New York. A missed deadline can be grounds to remove the notice.
Calendar your own deadline to respond to the lawsuit itself. Ignoring the case can lead to a default judgment, which is far worse than the notice. Our guide to default judgments explains how that happens.
Ask whether the case really involves title to or rights in your property. If the other side is suing only for money and used a lis pendens as pressure, that is the kind of notice expungement and cancellation statutes target.
Look up whether your state has an expiration period, and whether it has passed or was extended.
If you need to sell or refinance soon, ask about bonding off the notice or depositing money with the court, where your state allows it.
When the case ends in your favor, get a recorded release or a cancellation order into the county land records. Then order a fresh title report to confirm it's gone.
What to do if you're a buyer and a title search shows one
Treat it as a stop sign until you understand it. A buyer who closes after a lis pendens is recorded generally takes the property subject to the lawsuit, which is exactly what the notice is designed to do.
Don't close until the title company tells you in writing how it will treat the lis pendens. If it's listed as an exception on your title commitment, you'd be buying the lawsuit along with the house.
Ask the seller for the case number and the complaint, and read them. A foreclosure carries very different risks from a fight over an old purchase contract.
Ask whether the notice has been released or removed by court order, and request a recorded copy. In Texas, a recorded certified copy of an expunction order means the notice no longer counts as notice of anything in it.
Check your contract's title contingency and its deadline for objecting to title. Use it if the issue can't be cleared in time.
If the seller says the notice is "expired," get that confirmed by the title insurer, not just the seller.
If you're in Florida and hold a contract or interest that was never recorded, know that section 48.23(1)(d) gives you 30 days after a lis pendens is recorded to move to intervene in the lawsuit, unless you're in possession of the property or hold an easement of use. Talk to a Florida lawyer right away.
This is general information, not legal advice. Lis pendens rules change and vary by state, so check your state's official statute or talk with a licensed attorney in your state.
Check your state and local law
Landlord-tenant rules vary significantly from state to state: security-deposit caps, return deadlines, notice periods, and eviction procedures all differ. This article explains the general principles; for the rules that actually apply to you, look up your own state's law.
Local ordinances may apply. Your city or county may add protections (such as rent control, just-cause eviction, rental registration, or stricter housing codes) beyond state law. Check your local city or county ordinances too. This is general legal information, not legal advice.
A lis pendens is a notice recorded in the county land records saying a lawsuit is pending that could affect ownership of, or rights in, a specific property. It warns buyers and lenders that whoever takes an interest in the property afterward is generally bound by how the court decides the case.
Is a lis pendens the same as a lien?
No. A lien secures payment of a debt, like a mortgage. A lis pendens only announces a lawsuit that involves the property. Nobody has won anything yet, and you don't owe money because of it. Title companies still treat it as a serious problem, so it can block a sale or refinance much like a lien would.
Can I sell my house with a lis pendens on it?
Legally a sale can still happen, but the buyer takes the property subject to the lawsuit. Most title insurers will list the notice as an exception, and most lenders won't fund a loan on that basis. In practice, owners usually need the notice released or bonded off, or a court order removing it, before a normal sale can close.
How long does a lis pendens last?
It depends on the state. In Florida a notice generally lapses one year after the case starts unless it rests on a recorded instrument or construction lien, or a court extends it. In a New York civil case a notice of pendency lasts three years from filing and can be extended for good cause. Texas sets no fixed term in its lis pendens statute.
Who can file a lis pendens?
Usually a party to a lawsuit that involves title to real property or rights in it. Texas, for example, allows a party seeking affirmative relief in an action involving title, an interest in real property, or enforcement of an encumbrance. A case that is only about money generally doesn't qualify. Check your own state's statute for the exact rule.
How do I get a wrongful lis pendens removed?
Most states give owners some kind of court motion to get the notice removed. Texas requires expunction if the pleading has no real property claim. It also requires expunction when the claimant can't show the claim is probably valid, or when the notice wasn't properly served. Some states, including New York and Texas, also let the court cancel a notice when the owner posts a bond or deposits money.
Can I sue someone for filing a lis pendens against my property?
It depends on your state. New York lets a court that cancels a notice order the plaintiff to pay the costs and expenses caused by filing and cancellation. Other states handle bad-faith filings differently, and some protect filings made as part of a lawsuit. Ask a lawyer licensed in your state what claims are available.
Does a lis pendens in federal court work differently?
Federal law sends you back to state law. Under 28 U.S.C. 1964, where a state requires notice of a real property action to be recorded in a certain way and allows federal cases to be noticed the same way, those state requirements must be followed for the notice to give constructive notice to later buyers and lenders.
28 U.S.C. 1964: Federal real-property actions must follow state lis pendens recording requirements to give constructive notice.
Fla. Stat. 48.23 (2026): Florida lis pendens: contents, one-year life with exceptions, 30-day intervention for unrecorded interests, discharge as with injunctions.
N.Y. CPLR 6501, 6511, 6512, 6513: New York notice of pendency: covered actions, filing and indexing, 30-day service, three-year duration.
N.Y. CPLR 6514, 6515: New York cancellation: mandatory and discretionary grounds, costs, cancellation on an undertaking (not foreclosure, partition or dower actions).
Tex. Prop. Code 12.007, 12.0071, 12.008: Texas lis pendens: who may file, contents, three-day service, expunction grounds and effect, cancellation on deposit or undertaking.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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