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A lis pendens in Florida is a formal legal notice recorded in the public property records that warns potential buyers and lenders that the property is subject to pending litigation. The term is Latin for “suit pending.” When a Florida lis pendens is filed, it clouds the title to the property and can effectively block a sale or refinancing until the underlying lawsuit is resolved. Understanding how lis pendens works — and how to challenge one — is critical for anyone involved in Florida real estate.
When Is a Lis Pendens Filed in Florida?
A Florida lis pendens is typically filed when a lawsuit directly affects the title, ownership, or right to possess a specific piece of real property. Common situations include:
- Mortgage foreclosure actions — lenders file lis pendens to put the world on notice of the pending foreclosure
- Partition actions — co-owners seeking to divide or force a sale of jointly held property
- Breach of real estate contract — a buyer or seller claiming rights to a specific property
- Specific performance claims — where a party demands the court force a sale to proceed
- Construction lien enforcement — contractors recording notice of a lien foreclosure action
Under Florida Statute § 48.23, a lis pendens must be recorded in the county where the property is located and must identify the property, the parties, and the court where the action is pending.
How a Lis Pendens Affects a Property Sale or Refinance
Once a lis pendens is recorded against a Florida property, title companies will flag it immediately. Most buyers and lenders will not close on a property with an active lis pendens because:
- The buyer could take title subject to the outcome of the pending lawsuit
- Title insurance will typically exclude coverage for lis pendens-related claims
- A court could later void or unwind the transaction if the claimant prevails
This makes a lis pendens an extremely powerful legal tool — and one that can be abused. Florida courts have the authority to discharge an improperly filed lis pendens and award attorney fees and damages to the property owner.
How to Challenge or Discharge a Florida Lis Pendens
Property owners who believe a lis pendens was wrongfully recorded have two primary options. First, they can move the court to discharge the lis pendens on the grounds that the underlying lawsuit does not directly affect title or that the claimant cannot demonstrate a fair nexus between the lawsuit and the property. Second, the court may require the claimant to post a lis pendens bond to protect the property owner from damages if the suit ultimately fails.
Working with a Florida real estate litigation attorney is essential to act quickly. Delays allow the cloud on title to persist and can cost property owners significant money in lost deals and carrying costs.
Lis Pendens vs. Notice of Lis Pendens: Key Differences
| Term | Meaning |
|---|---|
| Lis Pendens | The pending lawsuit itself that affects the property |
| Notice of Lis Pendens | The recorded document filed in public records to give constructive notice of the lawsuit |
| Lis Pendens Bond | Security posted by the claimant to protect the owner if the claim fails |
| Discharge of Lis Pendens | Court order removing the notice from property records |
Frequently Asked Questions
| Question | Answer |
|---|---|
| How long does a lis pendens stay on property in Florida? | It remains until the lawsuit is resolved, the court discharges it, or the claimant voluntarily releases it. |
| Can I sell my property with a lis pendens on it in Florida? | Technically yes, but most buyers and title companies will refuse to close until the lis pendens is resolved. |
| Who can file a lis pendens in Florida? | Any party to a lawsuit that directly affects title or possession of real property can file a lis pendens under Florida law. |
Protecting Your Florida Property from an Improper Lis Pendens
A Florida lis pendens can stop a real estate transaction in its tracks. If one has been filed against your property — or if you need to file one to protect your interest in a deal — time matters. Feinstein Law handles real estate litigation throughout South Florida. Call (954) 452-4000 or reach us through our contact page.
About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm focused on real estate, business, and construction litigation throughout Broward, Miami-Dade, and Palm Beach counties.
