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A lis pendens in Florida is a recorded legal notice that a lawsuit involving a specific property is pending. The term is Latin for “suit pending,” and its effect is immediate and serious: anyone who purchases or lends against that property after the notice is recorded takes it subject to the outcome of the litigation. Understanding a Florida lis pendens matters whether you are buying, selling, refinancing, or involved in a dispute over real estate.
How a Lis Pendens Works in Florida
Recording and Effect
A lis pendens is recorded in the public property records of the county where the property sits. Once recorded, it attaches to the title and shows up in any subsequent title search. Under Florida Statute § 48.23, a lis pendens is effective from the date of filing — not the date a buyer or lender searches the title. This means no good-faith buyer defense is available once the notice is recorded.
Who Can File a Lis Pendens?
Any party to a lawsuit that directly affects title to real property can file a lis pendens. Common filers include:
- Foreclosing lenders
- Buyers seeking specific performance of a purchase contract
- Parties asserting ownership interests or adverse possession claims
- Contractors with construction lien claims
- Divorcing spouses asserting an interest in marital real estate
Filing a lis pendens without a lawsuit that directly affects title — or filing one frivolously — can result in sanctions and liability for the filer. A Fort Lauderdale real estate litigation attorney can assess whether your situation justifies filing or challenge a lis pendens filed against your property.
| Scenario | Can File Lis Pendens? | Notes |
|---|---|---|
| Foreclosure by lender | Yes | Standard in all foreclosure actions |
| Buyer suing for specific performance | Yes | Directly affects title to specific parcel |
| Breach of contract (no title claim) | No | Must directly affect title, not just monetary damages |
| Divorce — marital home | Yes | Protects both spouses’ interests during proceedings |
| Construction lien claim | Yes via lien | Governed by separate construction lien statute |
Impact on Buyers and Sellers
For Buyers
A lis pendens on a property you are under contract to purchase is a serious red flag. You take the property subject to the litigation result — meaning if the plaintiff wins, you could lose the property or have title clouded despite paying for it. Most buyers should walk away or demand the notice be discharged before closing. Your title insurance commitment should flag this, but title insurance does not cover known litigation risks at closing.
For Sellers
A lis pendens on your property effectively freezes your ability to sell or refinance until it is resolved. You must disclose it to buyers, and most lenders will not fund a purchase or refinance on a property with an active lis pendens. Clearing it requires either resolving the underlying lawsuit or successfully moving to discharge the notice in court — a process governed by § 48.23(3).
How to Remove a Lis Pendens in Florida
- Resolve the underlying lawsuit — dismissal or settlement triggers automatic discharge
- Motion to discharge — file in court showing the lis pendens was improperly filed or the claim lacks merit
- Post a bond — in some cases, the property owner can post a bond to substitute for the property and allow the sale to proceed
- Negotiate a release — the filer agrees to remove it as part of a settlement
According to the Florida Bar, an improperly filed lis pendens can be challenged on an expedited basis, allowing a property owner to get relief quickly if the filing was abusive or without legal basis.
Lis Pendens vs. Lien: What’s the Difference?
A lien (like a contractor’s lien or mortgage lien) gives the holder a direct financial claim against the property. A lis pendens is a notice of pending litigation — it does not itself create a financial claim. However, both cloud title and both must be resolved before a clean sale can occur. An active mechanic’s lien dispute will often be accompanied by a lis pendens if litigation has been filed.
Frequently Asked Questions
| Question | Answer |
|---|---|
| How long does a lis pendens last in Florida? | It remains effective until the lawsuit is resolved or the court orders its discharge. |
| Can I sell my property with a lis pendens on it? | Technically yes, but buyers take subject to the litigation result and most lenders won’t fund. |
| Can a lis pendens be filed without a lawsuit? | No — it must accompany an active lawsuit directly affecting title to the property. |
| Who removes the lis pendens after a case is resolved? | The prevailing party or their attorney files a satisfaction or release in the property records. |
| What happens if someone files a lis pendens against me wrongfully? | You can file a motion to discharge and seek damages for abuse of process or wrongful filing. |
A Lis Pendens Demands Immediate Legal Attention
Whether one has been filed against your property or you need to file one to protect your claim, a lis pendens in Florida real estate is not something to navigate alone. Feinstein Real Estate Litigation & Business Law handles lis pendens filings, discharges, and the underlying litigation in South Florida. Call (954) 767-9662 or contact us at our contact page.
About Feinstein Real Estate Litigation & Business Law
A South Florida real estate and business litigation firm with 37+ years of experience. Serving Fort Lauderdale, Broward County, Miami-Dade, and Palm Beach.
