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Lis Pendens Decoder: Read a Notice Part by Part

Authored by , Founder of Keystone Court Data. See our editorial standards.

A lis pendens ("suit pending") is a notice recorded against a property to warn buyers and lenders that a lawsuit over its title or possession is pending. Below is a made-up sample notice of the kind filed in a court foreclosure. (In states where most foreclosures happen outside court, you usually will not see one for a foreclosure.) Tap any highlighted part to see what it means and why a buyer or investor should care.

Decode a sample lis pendens

The names, numbers and property below are invented. Real notices differ in layout and wording from state to state, but most carry these same parts.

Sample, not a real case

v.

NOTICE OF LIS PENDENS

TO ALL PERSONS: Notice is given that the above action was to foreclose a mortgage on the following property in Example County:

Tap a highlighted part
Start anywhere on the notice

Each numbered part opens an explanation here: what it means, and why it matters if you are buying or investing.

What happens next

The general path of a foreclosure case that comes through the courts. Names, deadlines and steps vary by state, and many cases end early in a payoff, a settlement or a dismissal. Tap a step.

    General information about how these notices and cases work, not legal advice. Rules on what a lis pendens must say, when it is recorded and how it is released are set by each state. Talk to a real estate attorney or a title company about a specific property.

    Why a lis pendens matters before you buy

    A lis pendens does not take the home, and it is not a judgment or a lien. It is a warning that a lawsuit could change who has rights to the property. Title companies generally will not insure a sale until the claim behind it is paid or resolved, which is why a sale while a case is pending usually pays off the lender's claim at closing.

    In states where foreclosures go through the courts, foreclosure is a common reason for one. In states where most foreclosures happen outside court, a trustee usually records or posts a notice of default or notice of sale instead. A lis pendens can also be recorded in other suits over a property's title or possession, such as a partition between co-owners, a property claim in a divorce, or a boundary or title dispute.

    For the owner, it is the start of a case, not the end of one. An owner can often still sell, catch up on the loan, or work out a settlement. If you contact one, be honest about who you are, follow Do Not Call and state telemarketing rules, and point them to an attorney or a HUD-approved housing counselor for advice.

    Related

    This page provides general information about lis pendens notices and the foreclosure process and is not legal advice. The sample notice is invented for illustration; any resemblance to a real case is accidental. Rules vary by state; talk to a real estate attorney about a specific property.