Real Estate Law · Haute Lawyer Network
What Is a Lis Pendens on a Property?
Last reviewed: June 2026
A lis pendens — Latin for "pending lawsuit" — is a recorded notice in the public land records that a lawsuit affecting the title to or possession of a specific piece of real property is pending.
Recording a lis pendens provides constructive notice to all subsequent buyers and lenders that the property is subject to a legal claim — making it extremely difficult to sell, refinance, or transfer the property until the lawsuit is resolved.
Once a lis pendens is recorded, any person who purchases or takes a security interest in the property does so subject to the outcome of the lawsuit. If the plaintiff wins, their rights relate back to the date of the lis pendens filing — even if the property was sold in the interim.
Lis pendens are recorded in real estate disputes including foreclosure actions, quiet title actions, partition actions, and other cases where the outcome will directly affect ownership or title.
Frequently Asked Questions
Who can record a lis pendens?
Any party to a lawsuit that affects real property title or possession. Most states require that the lawsuit involve a direct claim affecting title — not merely a money judgment that might become a lien.
How do I remove a lis pendens?
By resolving the underlying lawsuit, by posting a bond in some states (substituting the bond for the property as security), by showing that the lis pendens was improperly recorded, or by having the court order its expungement on the ground that the plaintiff has no reasonable probability of prevailing.
Can a lis pendens be used improperly to cloud title?
Yes — this is called lis pendens abuse. Using a lis pendens without a legitimate underlying claim to coerce a settlement or delay a transaction can give rise to liability for slander of title, abuse of process, and malicious prosecution.
Does a lis pendens prevent a sale?
It does not legally prevent a sale, but makes the property virtually unsaleable in practice — no reasonable buyer will purchase property with a recorded claim against title, and title insurance will not be issued for a property with an unresolved lis pendens.
What happens to a lis pendens when the lawsuit settles?
A release of lis pendens is recorded in the public land records, clearing the cloud on title. It is important to ensure the release is recorded promptly after settlement.
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