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 Florida, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. This notice is recorded in the county where the property is located and serves to place a cloud on the title, warning all potential buyers or interests that there is pending litigation that could affect the property. Florida Statutes specifically address the lis pendens in Chapter 48.23, which outlines the effects and duration of such a notice. The statute requires the party filing the lis pendens to provide the notice to the property owner, and it remains valid for the duration of the lawsuit unless it is withdrawn or discharged. The lis pendens is particularly relevant in cases of divorce, foreclosure, and homeowners' association disputes over property. It is crucial for potential buyers to be aware of any lis pendens filed against a property, as it indicates that the property's title could be subject to legal challenges or encumbrances.