What Is a Lis Pendens? Meaning, Effects & How to Remove One
By the CashBuyerRated Editorial Team · Updated September 2026 · 9 sources
Short answer
A lis pendens is a public notice, recorded in a county's property records, that a lawsuit involving the property is pending. It isn't a lien and doesn't legally block a sale, but anyone who buys or lends while the case is open takes subject to its outcome, so title companies and lenders often wait until it's removed.
What a lis pendens is
Lis pendens is Latin for “suit pending.” It's a notice recorded in the property's chain of title so that anyone checking the records can find out a lawsuit affects the property.[1]
It isn't a lawsuit by itself. It's tied to one, and it warns that anyone who buys the property or takes a mortgage on it while the case is pending takes it subject to however the case turns out.[1]
Some states use a different name. California calls it a “notice of pendency of action,”[3] and others use “notice of pendency” or “notice of pending action.” The state table below lists each state's term.
What it does to a property
A lis pendens clouds the title. It doesn't freeze the property: you can still legally sell it, and it isn't a lien.[2]
In practice, though, it can stop a deal cold:
- Sales stall. Title companies have refused to issue title insurance while the litigation risk remains, and most buyers and lenders won't close without it.[2]
- Refinances stall too. A lender is in the same position as a buyer: its mortgage would be subject to the lawsuit's outcome.[1]
- Buyers who ignore it take the risk. If the person who filed the lawsuit wins, a later buyer or lender can lose out to that claim.[1]
Who can file one and when
Generally, only a party to a lawsuit that actually claims an interest in the real estate. It isn't a tool for collecting ordinary debts.
- California lets a party to an action asserting a “real property claim” record one in the county where the property sits.[3]
- Texas allows it during a lawsuit involving title to real property, establishing an interest in it, or enforcing an encumbrance against it.[4]
- Florida gives it effect only if the notice is recorded in the county's official records and hasn't expired, been withdrawn, or been discharged.[5]
Common situations where one shows up:
- Foreclosure lawsuits
- A buyer suing to force a sale the seller backed out of (specific performance)
- Boundary, easement, or quiet-title disputes
- Divorce or partition cases involving the home
- Mechanic's-lien foreclosures by contractors
How long a lis pendens lasts
Usually until the lawsuit ends or a court orders it removed. Some states add a hard deadline. Florida, for example, makes a lis pendens expire one year after the suit is filed unless the court extends it for good cause. That deadline doesn't apply when the lawsuit is based on a recorded document, like a mortgage, or on a construction lien.[5]
Other states' clocks run longer:
- 3 years: New York, Michigan, and Delaware, with court extensions possible
- 5 years: New Jersey and South Carolina
- 10 years: Louisiana, Minnesota, North Dakota, and West Virginia, unless renewed
Many states, including California and Texas, set no fixed expiration at all, so a notice tied to a slow lawsuit can sit on the title for years. Several states also void a notice if the owner isn't served with the lawsuit quickly, often within 60 to 120 days. Check your state in the table below.
How to check if a property has one
A lis pendens is a public record, so anyone can look:
- Search the county's land records. Go to the website of the county recorder, register of deeds, or clerk of court for the county where the property sits. Search the official records by owner name or parcel number.
- Look for the document type. It may be listed as “lis pendens,” “LP,” “notice of pendency,” or “notice of pending action.”
- Check the court case. The notice lists the case number and court. Search that court's docket to see whether the case is still open.
- Order a title search. If you're buying or selling, the title company's preliminary report will flag any recorded lis pendens.
How to remove a lis pendens
The main routes, from most to least common:
- The lawsuit ends. Once the case is dismissed or decided, the notice has no purpose. You may still need a court order or a release recorded in the county records to clear the title.
- The filer withdraws it. Settling the dispute often includes the filer recording a release or withdrawal.
- Ask the court to expunge (erase) it. California and Texas courts must remove a notice if the lawsuit doesn't actually claim an interest in the property, or if the filer can't show the claim is probably valid.[6][4] Texas also requires removal if the filer didn't send you the notice as required.[4] In California, the winner of that motion generally gets attorney fees.[6]
- Post a bond. Some states let a court remove the notice if the owner puts up a bond (called an undertaking) or cash deposit that protects the filer. Texas allows this on motion,[4] and a California court may expunge a notice if the owner posts an undertaking.[6]
- Let it expire. In states with a time limit, like Florida's one year, the notice stops working unless it's extended.[5]
A wrongful filing can backfire on the filer. In California, an improperly recorded lis pendens may support claims like slander of title.[7] Removal rules are technical and deadlines matter, so talk to a real estate attorney in your state.
Lis pendens vs. lien
| Lis pendens | Lien | |
|---|---|---|
| What it is | A notice that a lawsuit involves the property | A legal claim against the property to secure a debt |
| Gets paid at closing? | No. There's no amount owed. The lawsuit decides who gets what. | Yes. It's typically paid off from sale proceeds. |
| Needs a lawsuit? | Yes, always tied to a pending case | No. Mortgages and many tax liens don't need one. |
| Ends when | The case ends, it's withdrawn, expunged, or expires | The debt is paid and the lien is released |
The two often travel together. A lender foreclosing its mortgage lien, or a contractor enforcing a mechanic's lien, will commonly record a lis pendens when it sues.
When a cash buyer files one
This is the version homeowners selling to investors run into. If you sign with a cash buyer and then try to back out, the buyer may sue to force the sale and record a lis pendens.
- You sign a purchase contract with an investor. Many investor contracts give the seller no right to cancel.
- You change your mind, get a better offer, or refuse a last-minute price cut. Unless the contract gives you a right to cancel, backing out can be treated as a breach. What happens next depends on the contract and state law.
- The buyer sues for specific performance, a court order forcing you to complete the sale, and records a lis pendens. Because every property is considered unique, courts can order a seller to convey the property rather than just pay damages.[8]
That notice can stall any other sale until the case ends or a court removes it. That leverage is why some buyers use the threat to keep sellers from walking away.[2]
Protect yourself before you sign:
- Read the cancellation terms. If the contract gives the buyer every way out and you none, ask for a seller cancellation right or a firm deadline.
- Know your state's rights. Some states give sellers a right to cancel wholesale contracts. Oregon, for example, allows cancellation by the end of the third business day after receiving the disclosure, and at any time if the required disclosure was never given.[9] See wholesaling laws by state.
- Watch for recording clauses. A clause letting the buyer record a memorandum of contract is a related way to cloud your title, even without a lawsuit.
- Have an attorney review investor contracts before you sign, especially if you might want to back out.
Lis pendens rules by state
The name, time limit, and removal process differ by state, and a few states rely on court rules or case law instead of a statute. This table summarizes each state's statute in plain English and links to the law itself, checked September 2026. Court rules and case law can add requirements not shown here, so check with a local attorney before relying on it.
| State | What it's called | Expires | How it's removed | Statute |
|---|---|---|---|---|
| Alabama | lis pendens notice (recorded in the probate judge's lis pendens record) | No fixed expiration in statute; lasts until the case ends or the record is cleared. | When the case ends, the court can direct the probate judge to record the result. The filer must record a satisfaction within 30 days after a demand. In lien cases, the owner can cancel it by posting a bond of double the land's market value. | Ala. Code §§ 35-4-130 to 35-4-139 |
| Alaska | notice of the pendency of the action (lis pendens) | No fixed expiration in statute; lasts until the case ends or a court cancels it. | No removal procedure in statute; usually ends when the case ends or by court order. | Alaska Stat. § 09.45.940 |
| Arizona | notice of pendency of action | No fixed expiration in statute; lasts until the case ends or it is released or expunged. | The filer can record a withdrawal or release, or a court order expunging it can be recorded. If the case is dismissed for lack of prosecution, the filer must give the owner a release within 30 days or owe $1,000 plus actual damages. | Ariz. Rev. Stat. § 12-1191 |
| Arkansas | notice of the pendency of the suit (lis pendens) | No fixed expiration in statute; lasts until the case ends or a court cancels it. | No removal procedure in statute; usually ends when the case ends or by court order. | Ark. Code Ann. §§ 16-59-101 to 16-59-107 |
| California | notice of pendency of action | No fixed expiration in statute. Void as to any owner or adverse party not mailed a copy before recording, unless proof of that mailing is recorded with it. | The filer can record a withdrawal. Any party or interested person can move to expunge it if there's no real property claim, the claim's probable validity isn't shown, or a bond is posted instead. The winner usually gets attorney fees. | Cal. Code Civ. Proc. §§ 405.20–405.61 |
| Colorado | notice of lis pendens | Expires 6 years after recording unless an extension is recorded first. Ends sooner if the case is dismissed without a court order, or 49 days after final judgment, unless an appeal is filed (then 35 days after the appeal mandate). | Anyone can record a court clerk's certificate showing the judgment or dismissal. During the case, any interested person can ask the court to rule the property won't be affected. A party can also file a disclaimer of interest. | Colo. Rev. Stat. § 38-35-110; C.R.C.P. 105(f) |
| Connecticut | notice of lis pendens | Expires 15 years after recording unless re-recorded; a re-recorded notice lasts 10 more years. Except in foreclosures, invalid unless served on the owner within 30 days of recording. | The owner can apply or move to discharge it; it is discharged unless the claimant shows probable cause. Any interested party can move to discharge an invalid or expired notice. Once the claim is satisfied or lost, the filer must record a release on request. | Conn. Gen. Stat. §§ 52-325 to 52-326 |
| Delaware | notice of pendency of action (lis pendens) | Expires 3 years after recording unless the court extends it before it lapses. Must be mailed to affected parties within 5 days of filing. | The court must cancel it on motion if mailing was late, a final judgment denied the claim, or the claim is only for money. It may cancel if the claimant is unlikely to win or security is posted. The filer can cancel it too. | Del. Code Ann. tit. 25, §§ 1601–1614 |
| District of Columbia | notice of pendency of action (lis pendens) | No fixed expiration. The filer must file a release within 30 days after the case is dismissed, the claim is satisfied, or a final judgment goes against them. | An owner can ask the court to cancel it early if it's defective, the case isn't pursued diligently, or the owner meets a four-part harm-and-fairness test. Unreleased notices bring fines up to $500; after a year the Mayor can file a release. | D.C. Code § 42-1207 |
| Florida | notice of lis pendens | Expires 1 year after the lawsuit is filed (time on appeal doesn't count), unless the case is based on a recorded document like a mortgage or on a construction lien, or a court extends it for good cause. | The filer can withdraw it. If the case isn't based on a recorded document or construction lien, or no longer affects the property, the court controls and discharges it the same way it grants and dissolves injunctions. | Fla. Stat. § 48.23 |
| Georgia | notice of lis pendens | No fixed expiration in statute. After dismissal, settlement, final judgment, cancellation, or a court order, the filer must record a release in each county where it was filed. | Anyone claiming an interest can intervene and object; the court rules within 60 days (unless extended), cancels a notice that doesn't qualify, and can require a bond. The court can also cancel it if the property is no longer involved. | O.C.G.A. §§ 44-14-610 to 44-14-613 |
| Hawaii | notice of pendency of action | No fixed expiration in statute. | No statute or rule sets a removal procedure. Courts expunge a notice on motion, for example when the lawsuit doesn't claim title to or possession of the property, or after the claimant loses the case. | Haw. Rev. Stat. § 634-51 |
| Idaho | notice of the pendency of the action | No fixed expiration in statute. | No removal procedure in statute; it ends with the case or by court order. | Idaho Code § 5-505 |
| Illinois | lis pendens notice (foreclosures use a recorded 'notice of foreclosure') | No fixed expiration. It stops working if the defendant isn't served within 6 months of filing, until service is made. | No cancellation procedure in statute; owners typically ask the court to release it. For good cause, possibly with a bond, the court can let the owner sell or mortgage free of the case, except in specific-performance suits. | 735 ILCS 5/2-1901; 735 ILCS 5/15-1503 (foreclosures) |
| Indiana | lis pendens notice | No fixed expiration in statute. | If the claimant loses, the court orders the clerk to enter a satisfaction, which discharges the property. A signed, acknowledged release or dismissal (or one certified by the clerk) can also be recorded under Trial Rule 63.1(B). | Ind. Code §§ 32-30-11-1 to 32-30-11-10; Ind. Trial Rule 63.1 |
| Iowa | lis pendens (created when the clerk indexes the petition; a notice of pendency is used for property in another county) | Lasts only while the case is pending. In another county, it stops working unless the final judgment is filed there within two months after the case ends. | No separate cancellation procedure in statute. When the case ends, the clerk notes the result in the index. | Iowa Code §§ 617.10–617.15 |
| Kansas | lis pendens (created by filing the lawsuit; a verified statement is recorded for property in another county) | Lasts only while the case is pending. No effect if the summons isn't served, or publication begun, within 90 days of filing. | No cancellation procedure in statute. For property in another county, the plaintiff must record the final judgment with that county's register of deeds. | K.S.A. 60-2201 |
| Kentucky | lis pendens notice (statute: memorandum of actions affecting real property) | No fixed expiration in statute. | The filer or their attorney signs a discharge entered by the county clerk, or records a written, acknowledged release. | KRS 382.440–382.470 |
| Louisiana | notice of pendency (notice of lis pendens) | Stops having effect 10 years after recording. If the case is still going, it can be refiled before then for 5 more years. | A judgment against the filer orders it cancelled at their cost. Anyone with an interest can also have it cancelled if the case is dismissed or the judgment is cancelled. | La. Code Civ. Proc. arts. 3751–3753 |
| Maine | clerk-certified certificate of the pending action, recorded in the registry of deeds | No fixed expiration in statute; it reflects the case while it is pending. | No removal procedure in statute; it ends with the case or by court order. | 14 M.R.S. § 4455 |
| Maryland | notice of lis pendens | No fixed expiration. It ends automatically if the case is dismissed, the owner wins, or an appeal reverses the filer's win (once appeals are over). | The court can end it early on motion for good cause. When it ends, the filer must record a termination notice; if not done within 10 days, the court can let others record it at the filer's cost, including attorney's fees. | Md. Rule 12-102 (court rule) |
| Massachusetts | memorandum of lis pendens | No fixed expiration in statute. It lasts until it is dissolved, voluntarily or by the court. | The filer can record a voluntary dissolution. The owner can move to dissolve it, or file a special motion to dismiss a frivolous claim, which brings dissolution plus costs and attorney's fees if granted. | Mass. Gen. Laws ch. 184, § 15 |
| Michigan | notice of pendency (notice lis pendens) | Effective 3 years from filing. Before it lapses, the court can extend it for good cause, up to 3 more years each time. | The court must cancel it if the case is settled, dismissed, or lost by the filer, or the summons isn't served within 60 days. It may cancel for neglect or bad faith, or if a bond is posted (not in foreclosure or partition cases). | Mich. Comp. Laws §§ 600.2701–600.2735 |
| Minnesota | notice of lis pendens | Stops giving notice after 10 years unless a new notice is filed in the same case. Has no effect if the summons isn't served within 90 days after the complaint is filed. | The filer can discharge it in a signed, acknowledged writing. If the case hasn't gone to trial within 2 years, any owner can ask the court to discharge it. | Minn. Stat. §§ 557.02–557.021 |
| Mississippi | lis pendens notice | No fixed expiration in statute. | When the case ends, on the merits or not, the court directs the chancery clerk to record the result in the lis pendens record. | Miss. Code Ann. §§ 11-47-3 to 11-47-15 |
| Missouri | notice of lis pendens | No fixed expiration in statute. | No removal procedure in statute; it ends with the case or by court order. | Mo. Rev. Stat. § 527.260 |
| Montana | notice of the pendency of the action | No fixed expiration in statute. | No removal procedure in statute; it ends with the case or by court order. | Mont. Code Ann. § 70-19-102 |
| Nebraska | notice of the pendency of the action (lis pendens) | No fixed expiration in statute; it gives notice while the lawsuit is pending. | The filer or their attorney can release it at any time. Otherwise, anyone harmed can ask the court to order it cancelled for good cause. | Neb. Rev. Stat. § 25-531 |
| Nevada | notice of pendency of the action (lis pendens) | No fixed expiration in statute. | The owner can request a fast hearing; the court must cancel it unless the filer proves the case affects title or possession, was brought in good faith, and more. The owner may still post a court-set bond to cancel it. The filer can withdraw it. | Nev. Rev. Stat. §§ 14.010–14.017 |
| New Hampshire | lis pendens (a form of attachment) | No expiration stated in the lis pendens provision. Because it is filed as a writ of attachment, general attachment time limits (RSA 511:45, 511:55) may apply. | Available in specific-performance land cases and certain labor/materials lien cases. The owner can ask the court for a prompt hearing to challenge it, and the court may set conditions. Once it ends, the filer must give the owner a discharge to record on request. | N.H. Rev. Stat. Ann. § 511-A:8, III |
| New Jersey | notice of lis pendens | No longer effective 5 years after filing; the statute has no renewal provision. If the owner wins a final judgment, recording it clears the property (unless the filer appeals and files a new notice). | In most cases the owner can ask the court to discharge it unless the filer shows they're likely to win. The court can also discharge it if the case isn't pursued diligently. After settlement or payment, the filer must file a discharge. | N.J. Stat. Ann. §§ 2A:15-6 to 2A:15-17 |
| New Mexico | notice of lis pendens | Void if the owner isn't served (or notified by publication) within 60 days of filing. Otherwise no fixed expiration in statute. | Only after the case is settled or discontinued: the court may, in its discretion, order it cancelled if someone harmed by it applies and shows good cause. | N.M. Stat. Ann. §§ 38-1-14 to 38-1-15 |
| New York | notice of pendency | Lasts 3 years from filing. The court can extend it 3 years at a time for good cause if the extension is filed before it expires. | The court must cancel it if service isn't timely, the case is settled or dismissed, or the filer loses. It may cancel for bad faith, or if the owner posts a court-set bond (not in foreclosure or partition). Parties can also cancel by stipulation. | N.Y. C.P.L.R. §§ 6501–6515 |
| North Carolina | notice of lis pendens (notice of pending litigation) | Void unless the defendant is served (or publication starts) within 60 days of indexing. Also void if the complaint isn't filed in the time the clerk allowed. Otherwise no fixed expiration in statute. | Once the case is settled, discontinued, or abated, anyone aggrieved can ask the court to order it cancelled for good cause. If the complaint wasn't filed on time, the clerk must cancel it on request. | N.C. Gen. Stat. §§ 1-116 to 1-120.2 |
| North Dakota | notice of the pendency of the action (lis pendens) | Void unless the summons is served or published within 60 days of filing. Stops giving notice after 10 years unless a new notice is recorded in the same case. Also cancelled by a final judgment if no timely appeal. | The court can order it cancelled on application for good cause. The filer or their attorney can also cancel it with a signed written request to the recorder. | N.D. Cent. Code §§ 28-05-07 to 28-05-08 |
| Ohio | lis pendens (arises when the complaint is filed) | No fixed expiration in statute; it applies only while the case is pending. | No release or cancellation procedure in the statute. Nothing is filed to create it; it arises from the lawsuit itself and lasts only while the case is pending. | Ohio Rev. Code § 2703.26 |
| Oklahoma | notice of pendency of action | No fixed expiration in statute. No effect unless the defendant is served, or publication begins, within 120 days after the suit is filed. | The statute has no release process. A court can discharge it for compelling fairness reasons (White v. Wensauer, 1985). Title standards say no release needs recording after the case ends. | Okla. Stat. tit. 12, § 2004.2 |
| Oregon | notice of pendency of an action (lis pendens) | No fixed expiration in statute. | The party who recorded it, or the attorney who signed it, can discharge it the same way a mortgage is discharged. The statute sets no court removal process. | Or. Rev. Stat. § 93.740 |
| Pennsylvania | lis pendens | No statute; lasts while the case is pending (until final judgment) unless a court strikes it. | Ask the court to strike it. The court asks whether the lawsuit actually puts title in question, then weighs whether keeping it is harsh or arbitrary and whether removing it would hurt the filer. | Case law, no statute (In re Foremost Industries, Pa. Super. 2017) |
| Rhode Island | lis pendens | No fixed expiration in statute. The filer must mail a copy to all parties within 7 days, but missing that doesn't void it. | The statute sets no release process. The filer can record a discharge; otherwise a party can ask the court to quash it (case law, e.g., Gill v. Wagner, 2002). | R.I. Gen. Laws § 9-4-9 |
| South Carolina | notice of pendency of the action (lis pendens) | Gives notice for 5 years from filing; can be refiled every 5 years. No effect unless the summons is served or first published within 60 days. | After the case is settled, discontinued, or abated, the court can cancel it on application for good cause. After the case ends or is dismissed, the filer can cancel it by written notice to the clerk. | S.C. Code Ann. §§ 15-11-10 to 15-11-50 |
| South Dakota | notice of pendency of action (lis pendens) | No fixed expiration in statute. No effect unless the summons is served or first published within 60 days of filing. | The filer can record a discharge certificate. An owner can move to expunge it; the filer must prove the case affects title and was filed in good faith, or the court can expunge it if the owner posts a court-set bond. Fees may be awarded. | S.D. Codified Laws §§ 15-10-1 to 15-10-11 |
| Tennessee | abstract of lien lis pendens | No fixed expiration in statute. A related court restraining order lasts only 90 days unless the court extends it or a bond is posted. | When the case ends, the court may order the termination recorded on the lien book. If it doesn't, the filer must record that the case ended or the claim was paid. | Tenn. Code Ann. §§ 20-3-101 to 20-3-105 |
| Texas | lis pendens (notice that the action is pending) | No fixed expiration in statute. The filer must serve a copy on each affected party within 3 days of filing, or it can be expunged. | Ask the court to expunge it if there's no real property claim, the claim isn't probably valid, or the owner wasn't served a copy as required. The court can also cancel it if the owner deposits money or posts a bond. | Tex. Prop. Code §§ 12.007–12.008 |
| Utah | notice of pendency of action | No fixed expiration in statute. | A party or owner can ask the court to release it; the court must if the claimant can't prove the claim is likely valid. The court can require security, and the loser usually pays attorney fees. | Utah Code §§ 78B-6-1303 to 78B-6-1304.5 |
| Vermont | No general lis pendens; foreclosure complaint filed in land records (other cases use a court-approved attachment) | No general rule. In a foreclosure, the filed complaint gives notice from filing until the final judgment is recorded. | No general lis pendens release procedure. Vermont title standards treat a lis pendens not authorized by law as ineffective; outside foreclosure, parties use a court-approved attachment, which has its own discharge rules (12 V.S.A. ch. 123). | No general statute; 12 V.S.A. § 4932(b) covers foreclosures |
| Virginia | memorandum of lis pendens | No general expiration in statute. One filed in a zoning-enforcement case expires after 180 days. | If the case is dismissed or the owner wins, the court must order it released (after the appeal period). If the claim is paid, the claimant must give the clerk a release within 10 days. | Va. Code §§ 8.01-268 to 8.01-269 |
| Washington | notice of the pendency of the action (lis pendens) | No effect unless the summons is served or first published within 60 days of filing. Otherwise no fixed expiration in statute. | Once the case is settled, discontinued, or abated, anyone harmed can ask the court to cancel it for good cause. The cancellation order is then recorded. | RCW 4.28.320 (state courts); RCW 4.28.325 (federal courts) |
| West Virginia | memorandum or notice of lis pendens | Acts as notice for 10 years after recording. The filer can renew it for more 10-year periods by recording a new notice before it lapses. | No release procedure in statute. It stops giving notice after 10 years unless renewed; otherwise it ends with the case or by court order. | W. Va. Code §§ 55-11-1 to 55-11-3 |
| Wisconsin | lis pendens | Void if the filer doesn't serve the summons (and file proof of service) within 1 year of recording. Otherwise no fixed expiration in statute. | If void, the court can order it discharged on motion. It can also be discharged by a recorded clerk's certificate of judgment for the defendant or satisfaction (like an attachment), or by satisfaction like a judgment. | Wis. Stat. § 840.10 |
| Wyoming | notice of pendency of the action (lis pendens) | No fixed expiration in statute; gives notice while the case is pending. | No removal procedure in statute; it ends with the case or by court order. | Wyo. Stat. §§ 1-6-106 to 1-6-109 |
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Common questions
What does lis pendens mean?
Lis pendens is Latin for "suit pending." In real estate it's a notice recorded in the county property records saying a lawsuit involving the property is pending, so anyone who buys or lends takes subject to the outcome.
How long does a lis pendens last?
Usually until the lawsuit ends or a court removes it. Some states add a deadline; Florida's generally expires one year after the suit is filed unless a court extends it. Many states set no fixed expiration.
Can you sell a house with a lis pendens on it?
Legally, yes. A lis pendens isn't a lien and doesn't bar a sale. In practice, the buyer takes subject to the lawsuit and title companies often won't insure the sale, so most deals wait until it's removed.
How do I remove a lis pendens?
It's removed when the lawsuit ends, when the filer withdraws it, when it expires in states with a time limit, or by court order. California and Texas courts must expunge it if the lawsuit lacks a real-property claim or the filer can't show it's probably valid. Some states, like Texas, allow cancellation with a bond.
Is a lis pendens a lien?
No. A lien secures a debt and is paid off at closing. A lis pendens is only a notice that a lawsuit involves the property. They often appear together, for example when a lender forecloses its mortgage lien.
Can a buyer put a lis pendens on my house if I cancel the sale?
If you back out of a signed contract without a contractual right to cancel, the buyer may sue to force the sale (specific performance) and record a lis pendens while the case is pending.
How do I find out if there's a lis pendens on a property?
Search the official records on the county recorder, register of deeds, or clerk of court website for the county where the property sits, by owner name or parcel number. A title search will also show it.
Sources
- Cornell Law School Legal Information Institute (Wex): Lis pendens
- The Florida Bar Journal: Impact of a lis pendens when selling real property in Florida
- California Code of Civil Procedure §405.20
- Texas Property Code Chapter 12 (§§12.007, 12.0071, 12.008)
- Florida Statutes §48.23
- California Code of Civil Procedure §§405.30–405.38
- California Lawyers Association: Lis pendens and the perils of not meeting the real property claim requirement
- Henry v. Ecker, Florida District Court of Appeal (1982)
- Oregon Real Estate Agency: Property wholesaling law and rule overview
General information, not legal advice. Laws and practices vary by state; consider a real estate attorney before signing.