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 Virginia, a lis pendens is a notice that a lawsuit has been filed which concerns the title to or interest in a specific piece of real property. This notice serves to warn all parties that the property is subject to litigation and that any subsequent purchaser or lienor of the property takes it subject to any judgment that may be entered in the lawsuit. Virginia law requires that a lis pendens notice be filed with the clerk of the circuit court in the county or city where the property is located. The notice must contain a description of the property and the relief sought in the lawsuit. Once filed, the lis pendens is a matter of public record and is considered to provide constructive notice to all persons that the property is subject to claims in the pending lawsuit. This can affect the ability to sell or finance the property, as potential buyers or lenders will be aware of the ongoing litigation. The use of lis pendens is common in cases involving real estate disputes, foreclosures, divorces with property division issues, and other matters where property rights are in question. The relevant Virginia statutes can be found in the Virginia Code, particularly in sections dealing with property and civil procedure.