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 Washington State, a lis pendens is a notice that a lawsuit involving a claim to real property has been filed and is pending. This notice is typically recorded with the county recorder's office where the property is located. The purpose of recording a lis pendens is to notify potential buyers or other interested parties that there is litigation that may affect the title to the property. Under Washington law, specifically RCW 4.28.320, anyone with a real property claim that is the subject of a court action can file a lis pendens. This serves as a warning that any subsequent purchaser of the property takes it subject to the outcome of the litigation. Common scenarios where a lis pendens might be used include divorce proceedings where property division is in dispute, foreclosure actions by banks, or actions by homeowners’ associations to collect delinquent fees. It is important for potential buyers to be aware of any lis pendens filings, as they can significantly impact property rights and the ability to obtain clear title.