Lis Pendens | Practical Law

Lis Pendens | Practical Law

Lis Pendens

Lis Pendens

Practical Law Glossary Item 6-556-9885 (Approx. 3 pages)

Glossary

Lis Pendens

Also known as a notice of pendency of action. A notice filed in the public records to indicate that a legal proceeding is pending that asserts a claim against title to or some other interest in real property. The lis pendens must include a legal description of the real property. The claim must involve the real property.
A lis pendens is typically the first step in a suit for foreclosure of a lien affecting real property, such as:
  • A lender's mortgage lien.
  • A lien for unpaid property taxes or common charges.
State and local (county or city, or both) requirements govern the form and contents of a lis pendens and the procedure for filing. In some jurisdictions, filing a lis pendens is a two-step process that includes:
  • An initial filing with the county clerk.
  • A later recording in the county land records.
The filer of a lis pendens also serves the property owner with a summons and complaint or other direct notice of the action. A property owner that believes a filer is not entitled to the lis pendens may commence an action to have the lis pendens expunged.