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 Arizona, a lis pendens is a notice that signals there is a pending lawsuit concerning real property, which alerts any potential buyers or interested parties that the property is subject to legal claims or disputes. This notice is typically recorded in the county records where the property is located, thus becoming part of the public record. The purpose of a lis pendens is to warn all parties that any interests they may acquire in the property could be affected by the outcome of the litigation. Arizona law requires that a lis pendens include a legal description of the property, the parties involved, and the nature of the claim. It is commonly used in cases of foreclosure, divorce proceedings involving property division, and disputes over property ownership or claims. The relevant statutes governing lis pendens in Arizona can be found in the Arizona Revised Statutes, particularly in the sections dealing with property and civil procedure. It is important for anyone dealing with a property that has a lis pendens filed against it to consult with an attorney to understand the implications for property rights and transactions.