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A lis pendens in Florida is one of the most powerful — and most disruptive — legal tools in real estate disputes. If one has just been recorded against your property, you’re probably finding out because a title company flagged it, a buyer walked away, or a lender declined your refinance. A Florida lis pendens tells the world that your property is tied up in pending litigation. Understanding what it means, whether it’s valid, and how to fight it is the difference between getting your transaction back on track quickly — or watching it sit frozen for months.
What Exactly Is a Lis Pendens?
The Legal Meaning
Lis pendens is Latin for “suit pending.” Under Florida Statute § 48.23, it’s a recorded notice in the public property records warning potential buyers and lenders that the property is subject to active litigation. Once recorded in the county where the property sits, it becomes visible to any title search — and most buyers and lenders will not close on a property carrying one.
Who Files It and Why
Anyone with a lawsuit that directly affects title or possession of a specific piece of real property can file a Florida lis pendens. Common situations include:
- Mortgage foreclosure actions — the lender puts the world on notice before the foreclosure sale
- Partition actions — co-owners seeking to force a sale or divide jointly held property
- Breach of contract claims — a buyer or seller asserting rights to a specific deal
- Specific performance suits — demanding a court force a sale to proceed
- Construction lien foreclosures — contractors enforcing unpaid lien claims
If someone filed one against your property and you’re not sure why, a Florida real estate litigation attorney can pull the underlying case and tell you exactly what you’re dealing with within hours.
How a Lis Pendens Kills a Real Estate Transaction
Title Companies Won’t Insure It
This is the practical problem. A title company runs a search before any closing. The moment they see a recorded lis pendens, they will either decline to issue title insurance entirely or exclude the lis pendens-related claims from coverage. Without title insurance, no lender closes. And most cash buyers walk too — because they’d be taking a property subject to whatever the lawsuit decides.
The Buyer Could Lose Everything
If a court ultimately rules in favor of the claimant after a sale went through, that ruling can unwind the transaction or subordinate the buyer’s interest. Florida courts have voided sales that happened with knowledge of a recorded lis pendens. That’s why even sophisticated buyers won’t touch a property with an active notice.
A lis pendens clouds the title and can stop a sale in its tracks until the dispute is resolved.
How to Challenge a Florida Lis Pendens
Motion to Discharge
The most direct route is asking the court to discharge the lis pendens. You file a motion arguing that the underlying lawsuit doesn’t directly affect title or possession — or that the claimant can’t show a fair nexus between the property and their claim. Florida courts have discharged lis pendens filings where the connection to the property was too indirect. If successful, the notice is removed from the records and your title clears.
Requiring a Lis Pendens Bond
Even when the claim has merit, Florida courts can require the claimant to post a lis pendens bond — cash or surety — to protect you from damages if their lawsuit ultimately fails. This creates real financial pressure on claimants who don’t have a strong case. It’s a powerful negotiating tool in the right circumstances.
Serving a Demand to Commence Action
If the lien is tied to a contractor or creditor claim, you can serve a written demand requiring them to file suit within 60 days. If they don’t, the lis pendens is extinguished by operation of law. This is a standard tactic used by Florida construction litigation attorneys to clear title when a contractor recorded a lien but hasn’t followed through with a foreclosure action.
Lis Pendens vs. Related Concepts
| Term | What It Means | Effect on Property |
|---|---|---|
| Lis Pendens | The pending lawsuit affecting the property | Clouds title, blocks sales and refinancing |
| Notice of Lis Pendens | The recorded document filed in public records | Gives constructive notice to all future buyers |
| Lis Pendens Bond | Security posted by the claimant | Protects owner from damages if claim fails |
| Discharge of Lis Pendens | Court order removing the notice | Clears title — transaction can proceed |
| Transfer to Bond | Lien moved from property to cash/surety bond | Frees property while dispute continues |
Frequently Asked Questions
| Question | Answer |
|---|---|
| How long does a lis pendens stay on my Florida property? | Until the lawsuit resolves, the court discharges it, or the claimant voluntarily releases it. There’s no automatic expiration. |
| Can I sell my property with a lis pendens in Florida? | Technically yes — but practically no. Most buyers and title companies will refuse to close until it’s resolved or transferred to bond. |
| Can I get attorney fees if the lis pendens was wrongfully filed? | Yes. Florida courts can award fees and damages against a party who filed a lis pendens without a legitimate basis. See § 48.23(3). |
| Does a lis pendens affect my credit? | Not directly — it affects your property’s title, not your credit report. But if it leads to a judgment or foreclosure, that’s a different story. |
Act Fast — A Lis Pendens Gets More Expensive the Longer It Sits
Every day a Florida lis pendens stays on your property is another day a deal can fall apart or carrying costs pile up. Feinstein Law handles real estate litigation including lis pendens challenges and contract disputes throughout South Florida. Call (954) 767-9662 or reach us through our contact page.
About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling real estate, business, and construction litigation throughout Broward, Miami-Dade, and Palm Beach counties.
