Foreclosure Letters

Lis Pendens and Foreclosure: What It Means and What to Do

Direct Answer

A lis pendens in a foreclosure is a public notice, recorded in the county property records, that your lender has filed a lawsuit to foreclose on your home. It warns buyers and lenders that the case could affect the title, but it is not a sale or a lien, and you still own the home. You can usually still catch up, get help, or sell before the court sale.

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Finding a Latin legal term attached to your home can feel like you have already lost it. You have not. This notice starts a court process, and you still have rights and time inside it.

What is a lis pendens in real estate?

Lis pendens is Latin for "a suit pending." It is a short document recorded in the county property records that says a lawsuit has been filed that could affect who owns the property or what liens are on it.

The point is to warn anyone who might buy or lend on the home. Anyone who buys the property after the lis pendens is recorded generally takes it subject to the outcome of the case. In New York, the same document is called a notice of pendency.

A lis pendens is not a lien and does not by itself transfer ownership. It is a notice, but it is a serious one, because it clouds the title until the case ends.

A lis pendens does not mean you cannot sell.

You can usually still sell a house with a lis pendens on it. The claim gets paid off and cleared through the title company at closing. If you want to know what your options are, talk to a real person today, no pressure.

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Does a lis pendens mean foreclosure?

Not always, but when the lawsuit is filed by your mortgage lender or servicer, yes, it usually means a judicial foreclosure has started. A lis pendens can also be filed in other cases, such as a boundary dispute, a divorce, or a contractor's lien claim.

Lis pendens are common in judicial foreclosure states, where the lender must sue in court to foreclose. Florida, New York, New Jersey, Illinois, Ohio, and Pennsylvania are examples. In non-judicial states like Texas and California, most foreclosures go through a trustee instead, so you are more likely to see a notice of default or a notice of sale. See judicial vs. non-judicial foreclosure for the difference.

If you found a lis pendens on your home, you should also have been served, or soon will be, with a summons and complaint. Those papers start your deadline to respond. Read served with foreclosure papers next.

What happens after a lis pendens is filed?

The lawsuit moves forward in court. In general, it goes like this:

  1. You are served with the summons and complaint.
  2. You have a set number of days to file an answer. In Florida, it is generally 20 days after service (Fla. R. Civ. P. 1.140).
  3. Some states offer mediation or settlement conferences.
  4. If the lender wins, the court enters a judgment and orders a sale.
  5. The home is sold at a public auction, usually by the clerk or sheriff.

Judicial foreclosures often take many months. ATTOM reported that, nationally, foreclosures completed in Q2 2026 took an average of 563 days to complete. Your timeline depends on your state, your court, and how the case goes.

Does a lis pendens expire?

Sometimes, but usually not in a mortgage foreclosure case. The rules depend on your state:

StateRuleWhat it means for a foreclosure
Florida (Stat. §48.23(2))A lis pendens expires 1 year after the case starts, unless the case is founded on a duly recorded instrument or a construction lien, or the court extends itA foreclosure on a recorded mortgage is founded on a recorded instrument, so the 1-year limit generally does not apply
New York (CPLR 6513)A notice of pendency lasts 3 years from filing and can be extended by the court for good causeLong foreclosure cases may need an extension; the lender must file the notice at least 20 days before a judgment of sale (RPAPL §1331)

Once the case is dismissed, settled, or the loan is paid off, the lender should record a release or the court can order the lis pendens discharged. If the case ends and the notice is still on your record, ask the lender's attorney for a release in writing.

Lis pendens in Florida: what happens next?

Florida is a judicial foreclosure state, so every foreclosure goes through circuit court. The lender files a complaint and records a notice of lis pendens in the official records of the county where the home is (Fla. Stat. §48.23(1)(a)). The notice lists the parties, the court, the case date or number, the property, and what the lender is asking for.

Does a Florida lis pendens expire?

A Florida lis pendens usually expires one year after the case starts. That rule does not apply when the case is founded on a duly recorded instrument. A recorded mortgage is one, so in a normal mortgage foreclosure the lis pendens does not expire after a year. It lasts until the case ends or the court discharges it (§48.23(2)).

Typical next steps after a lis pendens in Florida

  1. Summons. You are served with the summons and complaint.
  2. 20 days to respond. You generally have 20 days after service to file a written response with the clerk. If you do not, the lender can ask for a default.
  3. Hearings. If you respond, the case moves forward with court hearings. Ask the court or your attorney whether foreclosure mediation is offered in your county.
  4. Final judgment. If the lender wins, the court enters a final judgment and orders the clerk to sell the home. The sale is usually set 20 to 35 days after the judgment (§45.031).
  5. Clerk sale. The clerk sells the home at a public auction, often online, and then files a certificate of sale. If no one objects within 10 days, the clerk files a certificate of title and ownership passes to the buyer.

You can redeem, which means paying the full judgment amount, until the clerk files the certificate of sale, unless the judgment sets a later time (§45.0315). For the full state process, see our Florida foreclosure help guide.

Can you sell your house after a lis pendens in Florida?

Yes, up until the clerk's sale. The closing has to happen before the sale date, and the payoff has to clear the mortgage being foreclosed. If the sale date is close, send your signed contract to the lender's attorney and ask whether they will agree to move the sale. They do not have to agree.

Can you sell a house with a lis pendens?

Yes. You still own the home until the foreclosure sale, so you can sell it. But the lis pendens stays on the title until the case ends, and that shapes how the sale works:

Selling before the court sale can let you keep your equity instead of losing it at auction. Options include listing with an agent, a short sale if you owe more than the home is worth, or a direct cash buyer who can close quickly. The key is to leave enough time to close before the sale date.

Can a lis pendens be removed?

Yes, in a few ways. It generally comes off when the lender releases it after the loan is caught up, modified, or paid off, or when the court orders it discharged because the case was dismissed or the notice was improper. In Florida, courts can control and discharge a lis pendens when the case is not founded on a recorded instrument (§48.23(3)).

Trying to remove a lis pendens in a valid foreclosure case usually does not work unless the case itself is resolved. A foreclosure attorney can review whether your notice was filed properly.

How long does it take to remove a lis pendens?

There is no set number of days. A lis pendens in a foreclosure usually stays until the case ends. After a payoff, dismissal, or settlement, it comes off when the lender records a release or the court orders it discharged. Ask the lender's attorney for the release in writing, then check your county's official records to make sure it was recorded.

What to do this week

  1. Get the case number from the lis pendens and look up the case on your county clerk of court website.
  2. Find your answer deadline. If you were served, count the days from the date of service. Do not miss it.
  3. Call a HUD-approved housing counselor at 1-800-569-4287 for free help, and ask about any foreclosure mediation program in your state.
  4. Talk to a local foreclosure attorney, even for a short consult. Many legal aid groups help for free.
  5. Ask your servicer for a loss mitigation application and a reinstatement quote in writing.
  6. Decide if keeping the home is realistic. If not, start pricing a sale now, while you have the most time.
  7. Ignore mail that promises to "remove" the lis pendens for a fee. See foreclosure scams to avoid.

Sources (checked 2026-09-26; Florida sale and redemption sources added 2026-10-30):

Frequently Asked Questions

Is a lis pendens a lien?

No. A lis pendens is a notice that a lawsuit is pending. It does not create a lien by itself, but it warns buyers and lenders that the outcome of the case could affect the property.

Is a lis pendens a foreclosure?

Not by itself. A lis pendens is a notice that a lawsuit is pending. When your mortgage lender files it, it usually means a judicial foreclosure case has started. The home is not sold until the court orders a sale and the sale is held.

How long is a lis pendens good for in Florida?

Under Florida Statute §48.23, a lis pendens generally expires one year after the lawsuit starts. The exception is a case founded on a duly recorded instrument, like a recorded mortgage, so a lis pendens in a typical mortgage foreclosure does not expire after one year.

What happens after a lis pendens in Florida?

You are served with a summons and complaint and generally have 20 days to file a written response. If the lender wins, the court enters a final judgment and the clerk sells the home at auction, usually 20 to 35 days later. You can redeem by paying the judgment until the clerk files the certificate of sale.

Can you sell a house after a lis pendens in Florida?

Yes. You can sell until the clerk's foreclosure sale. The closing must happen first, and the payoff must clear the mortgage being foreclosed, or the lender must approve a short sale. After payoff, the lender should dismiss the case and release the lis pendens.

Is a lis pendens pre-foreclosure?

In everyday use, yes. Once a lis pendens is recorded in a foreclosure case, the home is often listed as being in pre-foreclosure, meaning the case has started but the home has not been sold.

Does a lis pendens stop a sale?

It does not legally block you from selling, but it clouds the title. In practice, most buyers need the foreclosure case resolved or the mortgage paid off at closing, which then lets the lender release the lis pendens.

How long does it take to remove a lis pendens?

There is no set time. In a foreclosure, it usually stays until the case ends. After a payoff or dismissal, it comes off when the lender records a release or the court discharges it. Ask for the release in writing and check the county records.

Does a lis pendens stop foreclosure?

No. In a foreclosure, the lis pendens is filed by the lender as part of its lawsuit. It is a sign that foreclosure is moving forward, not a way to stop it.

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