What Is a Lis Pendens Foreclosure?
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Lis pendens is a notice lenders use when they initiate a foreclosure sale. It puts the public on notice that a lawsuit is pending and clouds the title so the property can’t easily be sold. Lenders commonly record a lis pendens when they file a foreclosure lawsuit. You'll need to know how to respond to this notice to save your home from foreclosure.
Written by Attorney William A. McCarthy. Legally reviewed by Jonathan Petts
Updated October 23, 2025
What Does Lis Pendens Mean?
Lis pendens is Latin for "suit pending," and it's a formal notice that alerts the public there's a lawsuit or legal claim involving a piece of real estate. Lenders often use it when they begin the foreclosure process, but it can also show up in other disputes, like divorce, inheritance issues, or contract disagreements over property.
Common reasons for filing the notice include:
Divorce proceeding: If one party is challenging the distribution of real estate.
Contesting a will: When an heir is contesting a property distribution.
Home loan default: When a property owner defaults on a loan and the bank wants to foreclose and sell the house.
Contract dispute: When a party to a contract claims an ownership interest in the property. For example, you may sue a seller for breach of contract (to recover property) if your offer on a house is accepted but the seller turns around and sells it to another party.
Property taxes: If you fail to pay your property taxes and the taxing authority, with a tax lien, forecloses.
The actual notice of lis pendens is filed with the county recorder’s office and becomes part of the public record. Once it's filed, it puts a cloud on the property's title, which makes it very difficult to sell or refinance until the legal matter is resolved.
How To Find & Remove a Lis Pendens
A lis pendens notice is recorded in the same county recorder's office where the title to the property is recorded.
You can find out is one has been filed by contacting the county recorder’s office or searching online. You can also have a title company conduct the search, but you may have to pay a fee.
If you uncover a lis pendens notice, you may be able to remove or expunge it under state law by:
Making an agreement: The person who filed the notice and the title owner can settle their dispute and withdraw the notice.
Filing a motion to expunge: A homeowner can file a motion to expunge in court if the person filing the notice doesn’t have a valid claim to the property.
Posting a bond: A homeowner can offer money or collateral to compensate the party filing the lis pendens to get it removed or expunged. The homeowner does this by posting a bond with the court covering the amount claimed. The court usually decides how large the bond must be based on state law, the property value, and other factors.
If the dispute ends up in court and a judge has to decide what property interest each party is entitled to, it will be removed when the court rules on the matter. If it’s a foreclosure action, it will be removed when the property is sold.
What Is a Lis Pendens Foreclosure?
A lis pendens is most commonly used in judicial foreclosures. In these cases, the lender begins the foreclosure by filing a lawsuit against the homeowner.
As part of that process, the lender also files a lis pendens notice with the county recorder’s office to let the public know there’s a legal claim on the property. This step is required in 22 states and usually happens alongside filing the foreclosure complaint with the court.
In non-judicial foreclosures, which don’t go through the court system, lenders typically file a notice of default instead of a lis pendens. Both are public records that warn of possible foreclosure, but they serve slightly different purposes. A lis pendens includes details about the legal claim and the property involved, while a notice of default focuses on the missed loan payments.
Once a lis pendens or notice of default is filed, the property is considered to be in preforeclosure — the early stage of the foreclosure process. How long this stage lasts depends on the state where the property is located.
How To Avoid Foreclosure
Some homeowners try to avoid foreclosure by looking outside of their current lender. For example, some states offer a redemption period, which gives you time after the foreclosure sale to repay what you owe and reclaim your property.
Others explore refinancing with a new lender to replace their current mortgage with a more affordable one. In more serious situations, filing bankruptcy can temporarily stop the foreclosure process and give you time to catch up or reorganize your debts.
If working with your current lender makes the most sense, there are several options that could help you stay in your home or exit the situation without a foreclosure sale:
Options that may help you stay in your home:
Repayment plan: You make up missed payments gradually by adding an extra amount to your regular monthly mortgage.
Loan modification: Your lender changes the terms of your loan—like lowering the interest rate or extending the loan term—to reduce your monthly payment.
Forbearance: Your lender temporarily pauses or reduces your payments to give you time to recover financially.
Options that involve giving up the home but avoiding foreclosure:
Deed in lieu of foreclosure: You voluntarily give the property back to the lender in exchange for being released from the loan.
Selling the home: You sell the property on your own and use the money to pay off the mortgage.
Short sale: You sell the home for less than what you owe on the loan, with your lender’s approval.
A foreclosure sale stays on your credit report for seven years and can seriously damage your credit. Some of the options listed above—like loan modifications or forbearance—may limit the impact on your credit. Others, like short sales, can still hurt your score if the full loan balance isn’t paid off.
Let's Summarize...
When a borrower defaults on a home loan, the lender will start a foreclosure action to recover and sell the property. A judicial foreclosure involves a court proceeding and is generally required if your loan is secured by a mortgage.
Lis pendens is Latin for suit pending and refers to the notice that’s recorded when there is a claim or lawsuit involving the property. It puts the public on notice that there is a cloud on the title, and it can be used whenever there is a dispute involving real property. It’s most commonly used for judicial foreclosures. The notice is recorded when the lender files the foreclosure lawsuit. There are several ways to avoid a forced sale of your home and have the notice removed. Knowing what to do when you’re faced with a lis pendens might just save your house.
