A lis pendens is a pending lawsuit or legal action, or a formal notice of a pending lawsuit or legal action. For example, a lis pendens is an official public notice that a piece of real property has a pending lawsuit or claim attached to it—which may be especially relevant to potential buyers of the property, as a sale of the property will probably not extinguish or resolve the pending claim.

Lis pendens might also refer to the jurisdiction (power, authority, control) a court acquires over property while a legal action is pending. Or lis pendens may refer to a notice recorded in the public records (often county records) in the chain of title to a piece of real property—which is required or permitted in some jurisdictions to put all persons on notice that the property is the subject of litigation or of a claim. This notice informs potential buyers of the property that their future ownership of the property may be subject to other claims.

Lis pendens is often used when spouses are going through the divorce process and their real property assets, for example, have not been finally divided by their agreement or by the court. Banks commonly use the lis pendens process to put the public on notice that a property is in foreclosure. And a homeowners’ association may file a lis pendens when it seeks to foreclose on a homeowner’s home to satisfy delinquent fees or assessments.

The procedure for a lis pendens is usually located in a state’s statutes—often in the property code or in the code of civil procedure, for example.

In Arkansas, a lis pendens is a notice filed in the public records that indicates a pending lawsuit involving real property. This notice serves to warn all potential buyers or other interested parties that the property is subject to litigation, which could affect their rights to the property. The concept of lis pendens is rooted in the principle that anyone purchasing the property does so subject to the outcome of the pending lawsuit. Arkansas law requires that a lis pendens notice be filed with the circuit clerk in the county where the property is located. The notice must include a legal description of the property and the parties involved in the litigation. This is particularly relevant in cases of divorce, foreclosure, and homeowners' association disputes over property. The filing of a lis pendens is governed by the Arkansas Code, specifically within the property and civil procedure statutes. It is a critical step in ensuring that the legal rights associated with the property are clear and that any potential buyers are aware of existing disputes.