Finding a “notice of lis pendens” in your foreclosure papers or property records can be unsettling. You may wonder whether your home has already been taken, whether you must move, or whether you still have options.
The notice itself does not mean you have lost your home. But the lawsuit behind it needs attention.
The most useful next step is to connect the notice to the court case, understand its current status, and have your documents reviewed.
What is a lis pendens?
A lis pendens is a recorded notice that a pending lawsuit affects property. In Florida, it is recorded in the county where the property is located, alerting buyers, lenders, and others to the dispute.
In a foreclosure, it identifies the litigation involving the home. The notice includes the parties, court, property description, relief requested, and a case number or qualifying date information. Florida Statutes §48.23.
Keep it with your summons, complaint, and other court papers. Comparing those documents can help you identify which case the notice concerns.
Does a lis pendens mean my home has been foreclosed on?
Not by itself. Recording the notice does not transfer ownership, schedule an auction, or order you to leave.
However, finding a notice today does not necessarily mean the lawsuit just began. Check the current court docket for later developments.
A foreclosure judgment, sale, and transfer of title are separate steps. Under Florida’s judicial-sale procedure, title passes when the certificate of title is filed—not simply because a lis pendens appears in the records. Florida Statutes §45.031.
Ask the attorney reviewing your papers:
- Has a summons and complaint been served?
- Is a response due?
- Has the court entered an order or judgment?
- Is a hearing or sale scheduled?
These questions matter more than the unfamiliar Latin phrase.
How long does a lis pendens last in Florida?
Do not assume it expires after one year.
Florida’s one-year rule has exceptions, including lawsuits founded on a duly recorded instrument, such as a recorded mortgage. A qualifying foreclosure notice can remain effective through the recording of the title-transfer instrument unless it expires, is withdrawn, or is discharged. Florida Statutes §48.23.
Have the notice and court record reviewed together before relying on an expiration date.
Can a lis pendens be removed?
Whether withdrawal or discharge is appropriate depends on the lawsuit’s basis and status. Florida law provides for court control and discharge in specified circumstances, including when the action no longer affects the property. Florida Statutes §48.23.
Bring any dismissal order, settlement agreement, payoff correspondence, or other resolution documents to your attorney. Ask whether additional action is needed to address the recorded notice.
Removing a notice and resolving the underlying foreclosure are different questions. A review should address both.
Can I sell or refinance while the foreclosure is pending?
A recorded lis pendens can complicate a sale or refinance because the pending litigation raises title concerns. Whether a particular transaction can close depends on the case, the loan, and the requirements of the parties handling the transaction.
Before committing to a closing date, ask your attorney and title professional:
- What must be resolved before closing?
- Is a payoff or lender agreement needed?
- What court deadlines remain in place?
- Is a foreclosure sale already scheduled?
Do not assume an interested buyer, refinance application, or conversation with the mortgage company puts the court case on hold.
How do I find the notice and the related lawsuit?
Start with the clerk for the county where the property is located. The recorded notice and the lawsuit may appear in separate systems: official property records and court records.
Search options vary by county. Your name, the case number, and the notice’s recording information can help. If you cannot find the document, ask the clerk which search system to use.
Find your Florida county’s clerk resources.
The clerk can help you locate records. Ask an attorney to interpret what those records mean for your situation.
What should I do after finding a notice of lis pendens?
Save the notice and the full court packet
Keep the summons, complaint, attachments, and later notices together. Make a note of when and how you received each group of documents.
Check the case’s current status
Look for upcoming hearings, orders, judgments, or sale notices. If a date is approaching, mention it immediately when contacting the firm.
Arrange a prompt review
Do not calculate your response deadline from the lis pendens recording date. The summons, service history, applicable rules, and court orders need to be reviewed.
Our guide to receiving foreclosure papers in Florida explains the summons and complaint and discusses response timing.
Gather the loan records you already have
Collect recent mortgage statements, payment records, default notices, and mortgage-assistance correspondence. Missing documents should not delay an urgent call.
For background on issues an attorney may examine, read Common Foreclosure Defenses in Florida.
Questions homeowners often ask
Is a lis pendens the same as a lien?
No. A lien is a claim against property that secures an obligation, such as a mortgage. A lis pendens gives notice of a lawsuit affecting the property; it does not itself create a mortgage lien.
Can an HOA or condominium association record a lis pendens?
Yes. An association pursuing a lawsuit to foreclose its lien may also record a lis pendens. Tell the attorney whether the plaintiff is your mortgage lender or an association, because the underlying requirements and defenses can differ.
What if I found the notice but never received foreclosure papers?
Tell the attorney exactly that. Ask for a review of the docket and service records. Do not assume the case cannot move forward—or that a deadline has passed—without checking the actual record.
Why am I receiving letters offering to buy or help save my home?
Public foreclosure records can lead to unsolicited offers. A marketing letter is not a court notice.
Verify who is contacting you, understand any proposed fees, and obtain advice before signing documents that affect ownership or control of your home.
Do I need every document before contacting the firm?
No. Start with the notice, case number, county, and any upcoming dates you know about. The firm can explain what else to gather and how to provide documents securely.
Do not submit account numbers or confidential court documents through the website’s general inquiry form.