Lis Pendens & Notice of Pending Action — Complete 2025 Guide

🏠 1. What Is a Lis Pendens / Notice of Pending Action?

A lis pendens — Latin for “litigation pending” — is a recorded public notice that a lawsuit has been filed affecting title to or possession of a specific piece of real property. Also called a notice of pending action or notice of pendency depending on the state, a lis pendens serves as a warning flag to the entire world: this property is involved in active litigation, and anyone who buys, refinances, or takes an interest in it does so subject to the outcome of that lawsuit. 📋

The lis pendens is recorded in the same county recorder’s office where property deeds and mortgages are filed. Once recorded, it appears on every title search conducted on the property — meaning any potential buyer, lender, or title insurance company will immediately see that the property is subject to pending litigation. The practical effect is devastating for the property owner: the lis pendens effectively makes the property unmarketable, because virtually no buyer will purchase property and no lender will issue a mortgage when there’s unresolved litigation attached to the title. 🔒

For judgment creditors and litigants pursuing claims related to real property, the lis pendens is one of the most powerful and cost-effective tools available. Unlike a judgment lien, which requires a final judgment before it can be recorded, a lis pendens can be filed at the very beginning of litigation — before any judgment has been entered. This gives creditors an early-stage tool to prevent property owners from selling or encumbering their real estate while the case is pending. ⚖️

The lis pendens is particularly valuable in situations involving fraudulent asset transfers, where a debtor is attempting to sell or transfer property to put it beyond a creditor’s reach. By recording a lis pendens, the creditor puts all potential buyers and transferees on constructive notice that the property is in dispute — and any transfer they accept will be subject to the court’s ultimate ruling. This effectively freezes the property in place, similar to how a restraining notice freezes financial assets. 🎯

⚡ 2. Why Lis Pendens Matters for Judgment Creditors

While lis pendens is most commonly associated with real estate disputes (boundary disputes, construction defect claims, foreclosure actions), it has significant applications in judgment collection and debt enforcement. Here’s why creditors pursuing judgment collection should understand and consider this tool: 💰

📌 Preventing Pre-Judgment Property Transfers

One of the biggest advantages of a lis pendens is that it can be filed before judgment — as long as the underlying lawsuit affects title to or right to possession of the property. This is critically important because many debtors begin transferring assets the moment litigation is threatened. By the time you get a judgment and record a judgment lien, the property may already have been sold or transferred. A lis pendens filed at the outset of litigation prevents this by immediately clouding the title. 🛡️

📌 Leverage in Settlement Negotiations

Because a lis pendens makes the property virtually unsaleable, it creates powerful settlement leverage. A debtor who wants to sell their home, refinance their mortgage, or use the property for any purpose must first resolve the lis pendens — either by settling the underlying case or by successfully petitioning the court to expunge it. This pressure often accelerates settlement negotiations significantly. In judgment collection, this is especially effective when the debtor’s primary asset is their real estate.

📌 Protecting Against Bona Fide Purchasers

Without a lis pendens, a debtor could potentially sell property to a “bona fide purchaser for value without notice” — a buyer who purchases in good faith without knowledge of your claim. Such a buyer may take the property free of your claim. A recorded lis pendens eliminates this defense entirely because it provides constructive notice to the entire world. No buyer can claim they didn’t know about the litigation after a lis pendens has been recorded. 📢

⚖️ 3. Lis Pendens vs. Judgment Lien — Critical Differences

A lis pendens and a judgment lien are both recorded against real property, but they serve fundamentally different purposes and operate under different rules. Understanding these differences is critical for choosing the right tool at the right time: 🔍

⏱️ 4. When to File a Lis Pendens — Strategic Timing

Timing is everything with a lis pendens. Filed too early without proper grounds, you risk a motion to expunge and potential liability for wrongful filing. Filed too late, and the property may already be transferred. Here’s when to file: 🎯

✅ File a Lis Pendens When:

• You’ve Filed a Lawsuit Involving Real Property: The underlying action must directly affect title to or right to possession of specific identified property — this is the threshold requirement in every state.
• Fraudulent Transfer Claims: When suing to set aside a fraudulent conveyance of real property, a lis pendens is essential to prevent the property from being transferred again while litigation is pending.
• Foreclosure Actions: Lenders filing foreclosure routinely record a lis pendens to prevent the borrower from selling or further encumbering the property.
• Quiet Title Actions: When disputing ownership or clearing title defects, a lis pendens notifies all parties of the pending dispute.
• Partition Actions: Co-owners seeking to divide or sell jointly owned property should file a lis pendens to prevent other co-owners from transferring their interest.
• Specific Performance Claims: If you have a contract to purchase property and the seller is trying to back out or sell to someone else, a lis pendens protects your contractual right.
• Construction Lien Enforcement: Contractors and suppliers pursuing construction lien claims can file a lis pendens to protect their lien position.

🚫 Do NOT File a Lis Pendens When:

• Pure Money Judgment Cases: If your lawsuit is solely for money damages with no claim to the property itself, a lis pendens is generally not appropriate and may be expunged. A judgment lien is the proper tool for these cases.
• No Specific Property Identified: A lis pendens must identify the specific property affected. You cannot file a blanket lis pendens against “all real property owned by the defendant.”
• As Harassment or Leverage Only: Filing a lis pendens without a legitimate basis — solely to pressure a defendant — constitutes an abuse of process and can result in penalties, attorney fees, and damages against you.
• After the Underlying Case Has Concluded: A lis pendens derives its validity from pending litigation. Once the case is resolved, the lis pendens must be withdrawn.

📝 5. Step-by-Step Filing Process

Filing a lis pendens is relatively straightforward compared to other enforcement tools, but it must be done correctly to withstand a motion to expunge. Here’s the standard process: 🗺️

🔒 6. What a Lis Pendens Actually Does to the Property

Once recorded, a lis pendens creates a cascade of practical consequences that extend far beyond a simple notation in the public records. Understanding these consequences helps you appreciate the true power of this tool and explains why debtors fight so aggressively to have them removed: ⚡

Title Insurance Refusal: Title insurance companies will not issue a policy on property with a lis pendens. Since virtually all real estate transactions require title insurance (lenders always require it, and most buyers demand it), the inability to obtain title insurance effectively halts any sale or refinancing. This is the single most devastating practical effect of a lis pendens. 🛡️

Constructive Notice to All: Under the legal doctrine of constructive notice, once a lis pendens is recorded, every person in the world is deemed to have knowledge of the pending litigation — whether they actually saw the recording or not. This means any buyer, lender, or transferee who takes an interest in the property after the lis pendens is recorded takes that interest subject to the outcome of the lawsuit. They cannot claim “I didn’t know.” 📢

Relation-Back Doctrine: In many states, a lis pendens “relates back” to the date of filing — meaning that the creditor’s priority over the property dates from the moment the lis pendens was recorded, not from the date of any eventual judgment. This is a significant advantage over judgment liens, which only take priority from the date the judgment is recorded. Any interests created in the property after the lis pendens is filed are subordinate to the creditor’s claim. ⚖️

🗺️ 7. State-by-State Requirements & Variations

Lis pendens rules vary significantly across states. Some states make it relatively easy to file and maintain, while others impose additional requirements like bonds or heightened proof standards. Here’s a comparison of key states: 📍

For creditors pursuing property-related claims across state lines — for example, when a debtor has moved out of state but still owns real property in the original jurisdiction — understanding both your home state’s and the property state’s lis pendens rules is essential. The lis pendens must be filed in the county where the property is physically located, regardless of where the lawsuit is pending. If the debtor owns properties in multiple states, you may need to file in multiple jurisdictions. 🗺️

🏘️ 8. Impact on Real Estate Transactions & Title Insurance

The practical impact of a lis pendens on real estate transactions cannot be overstated. From the perspective of title companies, lenders, buyers, and real estate agents, a lis pendens is one of the most serious title defects that can affect a property: 🏠

Title insurance companies are the de facto gatekeepers of real estate transactions. Their refusal to insure property with a lis pendens creates a hard stop that virtually no buyer or lender can work around. Even if a buyer is willing to accept the risk, their mortgage lender will require title insurance — and without it, there’s no financing, which means no sale. Cash buyers theoretically could purchase the property, but they would take it subject to whatever the court ultimately decides in the underlying lawsuit — a risk almost no sophisticated buyer is willing to accept. 💰

This is especially powerful when the debtor’s primary asset is their real estate. A debtor who can’t sell or refinance their property is under enormous financial pressure — they may need the proceeds to pay other debts, fund living expenses, or relocate. This pressure often drives settlement of the underlying dispute on terms favorable to the creditor. For additional context on property-based enforcement, see our guides on writs of execution and asset levies. ⚖️

🥊 9. How Debtors Challenge & Expunge Lis Pendens

Because a lis pendens is so devastating to property owners, courts provide a mechanism for property owners to challenge and potentially remove (expunge) an improperly filed lis pendens. Understanding these challenges helps creditors prepare defensible filings: 🛡️

📌 Common Grounds for Expungement

In California, the expungement standard is particularly rigorous: the court will expunge a lis pendens unless the claimant demonstrates that the underlying action has “probable validity” — meaning the claimant is more likely than not to prevail on their real property claim. Other states have less demanding standards, with some simply requiring that the lis pendens was filed in connection with a bona fide lawsuit affecting the property. 📋

The key to surviving an expungement motion is preparation at the filing stage. Ensure your complaint specifically asserts claims that directly affect title or possession, your lis pendens accurately identifies the property and references the lawsuit, all procedural requirements (recording, service, timing) are met, and you have evidence supporting the merits of your underlying claim. An improperly filed lis pendens doesn’t just get removed — it can also expose you to liability for wrongful filing. ⚠️

⚠️ 10. Wrongful Lis Pendens — Liability & Penalties

Because a lis pendens has such severe consequences for property owners, courts impose significant penalties on parties who file them without a legitimate basis. Filing a lis pendens in bad faith — as a pressure tactic or without proper grounds — can backfire dramatically: 🚨

Slander of title is the most common claim against wrongful lis pendens filers. If the property owner can prove that the lis pendens was filed without a legitimate basis, that it was recorded with malice (or at minimum with reckless disregard for the truth), and that it caused actual damages (such as a lost sale or inability to refinance), they can recover those damages plus attorney fees. In some states, statutory damages or punitive damages may also be available. The cost of a wrongful filing can far exceed the benefit you hoped to gain. ⚖️

🔄 11. Combining Lis Pendens with Other Enforcement Tools

A lis pendens is most powerful when deployed as part of a coordinated enforcement strategy. Here’s how it works alongside other collection tools to maximize pressure and recovery: 🛠️

The comprehensive enforcement approach — lis pendens on real property, restraining notices on bank accounts, wage garnishment on employment income, and writs of execution for asset seizure — creates a net that captures virtually every asset category simultaneously. When a debtor sees this level of coordinated enforcement, settlement becomes far more attractive than continued resistance. The decision of DIY collection vs. professional enforcement often comes down to whether you have the expertise to coordinate these multiple tools effectively. ⚖️

🏢 12. Special Situations — LLCs, Trusts & Multi-Owner Properties

Many debtors hold property through business entities, trusts, or co-ownership arrangements that complicate lis pendens filing. Understanding these special situations is critical for effective enforcement: 🔍

🏢 Property Held by an LLC or Corporation

If the debtor owns property through an LLC or corporation, you generally cannot file a lis pendens against the entity’s property based solely on a judgment against the individual — because the entity is a separate legal person that owns the property. To reach entity-held property, you typically need to either pursue alter ego / veil piercing claims (arguing the entity is the debtor’s alter ego), obtain a charging order against the debtor’s ownership interest in the entity, or bring claims directly against the business entity. Professional investigation to identify property held by LLCs and trusts is essential for discovering these hidden ownership structures. 🏛️

🔒 Property Held in Trust

Trust-held property presents similar challenges. If the debtor is the beneficiary of a trust that holds property, filing a lis pendens against that property requires demonstrating that the debtor has an equitable interest in the property that can be reached by creditors. Asset protection trusts are specifically designed to make this difficult, but they are not impenetrable — particularly if the trust was created after the creditor’s claim arose or if the debtor retained excessive control over the trust assets. 📋

👥 Jointly Owned Property

When property is owned jointly — such as a married couple owning property as tenants by the entirety, or siblings owning as tenants in common — the lis pendens may only affect the debtor’s interest in the property, not the co-owner’s interest. In some states (particularly Florida), property held as tenancy by the entirety between spouses is completely protected from the individual debts of either spouse, making a lis pendens ineffective against such property. Understanding property ownership structures in states like Florida, Texas, and other community property or tenancy-by-the-entirety states is essential for planning your enforcement strategy. ⚖️

🗑️ 13. Removal, Withdrawal & Expungement of Lis Pendens

A lis pendens doesn’t last forever, and there are several ways it can be removed from the property’s title. Understanding these mechanisms is important for both creditors (to know when your lis pendens is at risk) and property owners: 📋

🔍 14. The Role of Skip Tracing & Property Investigation

You can’t file a lis pendens against property you don’t know exists. This is where professional skip tracing and property investigation become essential. Many debtors own property through multiple entities, in different counties or states, under different names, or through trusts and partnerships designed to obscure ownership. Uncovering these holdings requires professional-grade investigation. 🎯

Property investigation is especially critical when the debtor has disappeared or when you suspect they are using complex ownership structures to hide assets. Our comprehensive investigation draws from multiple data sources — property records, corporate filings, tax assessor data, public records, and open-source intelligence — to build a complete picture of the debtor’s real property holdings across all jurisdictions. When combined with broader asset discovery, this provides the intelligence foundation for a comprehensive enforcement strategy. 🕵️

❓ 15. Frequently Asked Questions

🤔 Can I file a lis pendens for a pure money judgment without a property claim?

Generally no. A lis pendens requires that the underlying lawsuit directly affect title to, or right to possession of, a specific piece of real property. A lawsuit seeking only money damages — even against a property owner — does not qualify. For money judgments, a judgment lien is the appropriate tool. However, if your money claim is connected to a property claim (such as a fraudulent transfer action seeking to recover specific property), a lis pendens may be appropriate. ⚖️

🤔 How long does a lis pendens last?

A lis pendens typically lasts for the entire duration of the underlying lawsuit. In some states (like New York), there is a maximum duration (3 years in NY, but renewable). In others, the lis pendens remains effective until the case is resolved and a withdrawal is recorded. Check your state’s specific rules for any time limitations or renewal requirements. 📅

🤔 Can a lis pendens stop a foreclosure?

A lis pendens itself does not stop a foreclosure that is already underway. However, filing a lawsuit challenging the foreclosure (such as a wrongful foreclosure claim) combined with a lis pendens can complicate the foreclosing party’s ability to transfer the property after the foreclosure sale. A temporary restraining order (TRO) or preliminary injunction is typically the tool needed to actually halt foreclosure proceedings. 🏦

🤔 What if the debtor has already transferred the property?

If the property was transferred before you recorded the lis pendens, the transfer may stand — especially if the buyer was a bona fide purchaser without notice of your claim. However, if the transfer was a fraudulent conveyance, you can file a lawsuit to set aside the transfer and file a lis pendens at that time. If the transfer occurred after your lis pendens was recorded, the buyer takes the property subject to your claim. This is the entire point of the lis pendens — to prevent this exact scenario. 🔒

🤔 Can I file a lis pendens on commercial property?

Yes. A lis pendens can be filed against any type of real property — residential, commercial, industrial, vacant land, or agricultural — as long as the underlying lawsuit affects title to or possession of that property. For debtors who own commercial real estate or operate businesses from owned property, this can be an especially powerful enforcement tool. See our guide on collecting judgments against businesses for related strategies. 🏢

🤔 Does recording a lis pendens affect the debtor’s credit?

A lis pendens itself is not typically reported on credit reports. However, the underlying lawsuit and any resulting judgment will likely appear on the debtor’s credit report. The practical impact on the debtor comes from the inability to sell or refinance the property — which can have severe financial consequences even without a credit report notation. 📊

🤔 How do I find out if a debtor owns real property?

Professional asset discovery and skip tracing services are the most comprehensive way to identify debtor-owned property. You can also search county assessor and recorder databases, but this requires knowing which county to search. Our skip tracing services search across all counties and states to identify properties owned by the debtor — including properties held through LLCs, trusts, and other entities. Results in 24 hours or less. 🔍

🚀 16. Get Professional Property Investigation & Skip Tracing Help

At PeopleLocatorSkipTracing.com, we’ve been helping attorneys, judgment creditors, and collection professionals locate debtor-owned real property, uncover hidden ownership structures, and build the intelligence foundation for effective enforcement strategies since 2004. Whether you need to identify property before filing a lis pendens, trace transfer histories to support a fraudulent conveyance claim, or locate a debtor who has disappeared, we deliver professional-grade results in 24 hours or less. ⚡