What Is a Lis Pendens? How It Affects Real Estate Deals
A lis pendens (Latin for "pending lawsuit") is a public notice filed with the county recorder that a lawsuit has been filed involving a specific property. It puts the world on notice that the property's ownership or title is being contested in court.
Common Reasons for Lis Pendens
- Foreclosure — the most common reason. The lender files a lis pendens to begin judicial foreclosure.
- Divorce — one spouse files to prevent the other from selling the marital home
- Boundary disputes — neighbor claims part of the property
- Contract disputes — buyer claims seller breached a purchase agreement
- Mechanic's liens — contractor files over unpaid work
How to Search for Lis Pendens
Lis pendens are filed with the county recorder and are public record. Search the county recorder's website by property address or owner name. Some data platforms aggregate lis pendens filings across counties for easier searching.
Impact on Property Transactions
A lis pendens effectively clouds the title, making it extremely difficult to sell or refinance the property. Title companies will not issue title insurance on a property with an active lis pendens. The filing must be resolved (dismissed, settled, or adjudicated) before the property can transfer cleanly.
For Investors: Lis Pendens as Lead Source
Foreclosure lis pendens are one of the best sources for finding pre-foreclosure deals. The filing is public record, giving you the owner's name and property address. Skip trace for contact information and reach out with solutions before the property goes to auction.