What Is a Lis Pendens and How Does It Affect Property

Buying a property means more than just liking the house–it also means ensuring the title is clear. One red flag that buyers sometimes come across is a lis pendens. In simple terms, this is a public notice filed in land records to inform everyone that a lawsuit is pending, which could affect property ownership or use. In other words, if you see it, the property’s title might not be as clean as it looks.

So, what does lis pendens mean? It literally translates to “suit pending.” For buyers, it’s a warning sign: someone is claiming an interest in the property through a lawsuit, and the outcome could impact whether you can take full, undisputed ownership. 

The upside is that a lis pendens is discoverable–you can usually find it by checking county land records and confirming details in the related court docket. As a buyer, knowledge about lis pendens can help you avoid purchasing a property entangled in a lawsuit, negotiate more effectively, and protect your title.

Lis Pendens Meaning

If you’re researching property records, you may encounter the term “lis pendens”. The phrase “lis pendens” is Latin for “suit pending,” which is a public notice that a lawsuit affecting a specific piece of real estate has been filed. Lis pendens is a formal notice recorded in the county land records that informs the public that a lawsuit is underway, which could affect the property’s title.

Across the U.S., some states refer to it as a “notice of pendency” or “notice of pending action.” No matter the wording, the effect is the same: it clouds the property’s title and makes it risky to buy or refinance until the case is resolved.

A lis pendens is usually filed when someone is suing for ownership or rights to a property. Common examples include:

• Foreclosure cases: lenders filing against homeowners.
• Divorce or estate disputes: who actually owns the property?
• Boundary or easement disputes: neighbors or other parties making claims.
• Contract disputes: buyers or sellers suing over a broken deal.

As a potential buyer, what happens after a lis pendens is filed? Well, once recorded, the lis pendens becomes part of the property’s public records. This means:

• The title is clouded: buyers and banks will see the notice during a title search.
• It transfers risk: anyone who purchases the property after the lis pendens is filed takes the property to the court’s final judgment. If the plaintiff wins the lawsuit, the new owner could lose their claim to the property pr be responsible for the outcome.
• It slows down sales: because of the title issue, it becomes challenging to sell or refinance the property until the lawsuits are resolved and the lis pendens is officially removed.

What You Can See in Public Records (Recorder & Court Docket)

When you’re checking for lis pendens or other claims on a property, it helps to know where the paper trail lives. In real estate, this typically refers to two locations: the county recorder’s office (or land records) and the court docket associated with the lawsuit. 

County Recorder/ Land Records

The lis pendens notice itself is recorded in the official public records of the county where the property is located. It is connected directly to the property address and deed. When a title company, potential buyer, or investor performs a title search, they will find this official notice. The county recorder or land records office holds crucial information that makes the pending legal action public knowledge. You’ll typically find the following information on a lis pendens:

• The document type.
• The names of the parties.
• The court case number.
• The recording date.

Court Docket

The court docket contains the legal documents and history of the pending lawsuit itself. Using the case number, you can look up the court docket in the court system where the case was filed (county, state, or federal, depending on the situation). The docket will usually show:

• The case number and parties involved.
• The case type - foreclosure, divorce, or contract dispute.
• The filing date.
• The current status - open, dismissed, settled, or judgment entered.
• Court orders or rulings.

The recorder alerts you to the lawsuit, while the docket tells you what’s happening inside the courtroom.

How to Check for a Lis Pendens on a Property 

Thinking of buying, investing in, or lending against a property? One of the smartest moves you can make is to check whether a lis pendens has been filed, as its presence can cloud the title and affect your deal. So if you’re wondering what a lis pendens means, here's a step-by-step guide on how to check for it

STEP 1: Gather the Property Information

Before you search, collect the details you’ll need, including:

• Property address.
• Owner’s name.
• Parcel ID or tax ID.

STEP 2: Search the County Recorder or Land Records Office

• Go to the county recorder’s website or visit the office.
• Search by owner name, parcel ID, or property address.
• Look for documents titled “Lis Pendens,” “Notice of Pendency,” or “Notice of Legal Action.”
• If found, note the recording date, parties listed, document number, and court case reference.

STEP 3: Check the Court Docket

Every lis pendens is tied to a lawsuit. Take the case number from the recorded document and use it to search the court docket in the jurisdiction where the case was filed.

• Many courts allow for online docket searches by case number or party name.
• The docket shows the type of lawsuit.
• You can also see the status.

What a Lis Pendens Means for Buyers

If you are considering a property and discover a lis pendens, it is advisable to proceed with caution, as the outcome of a lis pendens can affect who owns the property and what rights it comes with. For buyers, this changes the game. Here is what a lis pendens means for you as a buyer:

• Losing the Property and your Investment

This is the most significant risk of purchasing a home with a lis pendens. Purchasing a house with a lis pendens means buying into an existing lawsuit. The outcome of the court case determines the fate of the property, not the terms of your purchase agreement. For example, if the plaintiff wins, the court could order the property to be sold to them instead, leaving you with nothing.

• Financing will likely fall through

Most lenders will not issue a mortgage for a property with a lis pendens on its title. A pending lawsuit creates too much risk for them. Without financing, a buyer can only proceed with an all-cash purchase, and even then, it still poses a considerable risk.

• Title Insurance will not Cover the Dispute

Title insurance protects against undiscovered issues with a property’s title. However, once a title company identifies a lis pendens, it will not insure against the specific legal action it represents. This means that if you proceed with the purchase, you will be solely responsible for any financial loss resulting from the lawsuit.

• The Sale will face Significant Delays

Even with the conviction that the lawsuit will likely go the seller’s way, the transaction will remain on hold until the case is resolved and the lis pendens is officially removed from the public record. Litigation can drag on for months or even years, putting your home-buying plans on indefinite pause.

How a Lis Pendens Is Removed and How Long It Takes

If a property has a lis pendens, it won’t have a clear title until the notice is removed. To this end, buyers, sellers, and lenders all want to know: how long does it take to remove a lis pendens? Here are common ways a lis pendens is removed:

• The Case is Resolved in Court

When the lawsuit ends (judgment entered, dismissed, or settled), the winning side files paperwork to release the lis pendens. The county recorder then updates the land records to show it's cleared.

Timeline: the timeline here depends entirely on the speed of the court system. Cases can take months or years to move through the legal process.

• Voluntary Withdrawal

The quickest and most straightforward path to removing lis pendens is by voluntary withdrawal by the party that filed it. This happens if the parties reach an out-of-court settlement. The person who filed the lis pendens will sign and file a “Withdrawal” or “Release of Lis Pendens” with the county recorder’s office, which officially clears the cloud on the title.

Timeline: if all parties are cooperative, the process may be completed in a few weeks, depending on the speed of the paperwork processing.

• Expungement by Court Order

A court may order the lis pendens removed through a process called expungement. The property owner typically files a “Motion to Expunge” with the court, which may grant the motion if:

1. The underlying claim lacks merit: the court finds that the plaintiff has no valid claim to the property or a slim chance of winning the lawsuit.
2. The case does not directly involve the property: for instance, if the lawsuit is purely a financial dispute and does not relate to the title or possession of the property, the court will likely expunge the notice.
3. The case was filed improperly: the lis pendens was recorded without following the proper legal procedures.
4. A bond is posted: in some cases, the court may allow the property owner to post a financial bond. This protects the filing party financially if they win the lawsuit, while allowing the sale to proceed.

Timeline: this is often a contested legal case, and it can take anywhere from a few months to over a year, depending on the court’s docket and the case’s complexity.

FAQs

What happens after a lis pendens is filed?

When a lis pendens is filed, it’s recorded in the county land records to alert the public that a lawsuit could affect the property’s title. This clouds the title, meaning buyers and lenders will see the notice during a title search. What happens after a lis pendens is filed is simple: the property becomes legally risky until the case is resolved or the notice is removed.

Can you sell a property with a lis pendens?

Yes, you can sell a property with a lis pendens, but it is challenging. Most buyers and banks won’t move forward until the lis pendens is released, because the title isn’t clear. In practice, properties with an active lis pendens rarely close until the notice is lifted.

How long does it take to remove a lis pendens?

How long does it take to remove a lis pendens? It depends on the case. If the filer withdraws it voluntarily, it can be released in a few days or weeks. If it requires a full court decision, it could take months or even years to resolve. After the release is filed, the county recorder usually updates the records within several business days.

Where do I find a notice of lis pendens?

You can find a notice of lis pendens in the county recorder’s office or in land records, which are often searchable online by property address, owner name, or parcel ID. The related lawsuit details can be found in the court docket using the case number listed on the notice.

Is a lis pendens the same as a lien?

No. Lis pendens differs from a lien. A lien is a claim for money owed, such as unpaid taxes or a mortgage, whereas a lis pendens is a notice that a lawsuit is pending over the ownership or rights to a property. While both can block a clean sale, they serve different legal purposes.