Quick Summary
- A lis pendens, which is Latin for “suit pending”, is a public notice recorded in the county land records that alerts buyers, lenders, and other parties that a property is involved in litigation — and once recorded, the lis pendens effectively becomes a lien making the property extremely difficult to sell, refinance, or transfer the case is resolved and the lis pendens is dissolved.
- Florida Statute 48.23 governs lis pendens and generally limits it to one year unless the underlying claim is based on a recorded instrument or a construction lien, which means the notice can expire on its own if litigation drags on without the right legal foundation.
- A lis pendens does not create an ownership interest in the property — it is only a notice — but its practical effect on a transaction can be just as significant, which is why understanding how and when it applies matters for buyers, sellers, and real estate professionals in Southwest Florida.
When a real estate dispute reaches the point of litigation, one of the most powerful and least understood tools available to a party in the case is the lis pendens. The term is Latin for “suit pending,” and in Florida, it functions as a formal warning recorded against a specific property, alerting anyone who might buy, lend against, or otherwise acquire an interest in that property that it is currently tied up in a lawsuit. For agents, buyers, sellers, and investors in Southwest Florida, understanding what a lis pendens is — and what it is not — can be the difference between navigating a dispute effectively and being blindsided by one.
What a Lis Pendens Actually Does
A lis pendens is a public notice, recorded in the official records of the county where the property is located, that puts the world on notice that the property is the subject of pending litigation. Florida courts have described its purpose as alerting creditors, prospective purchasers, and other interested parties that title to a particular piece of real property is involved in a legal dispute.
The practical effect is significant. Once a lis pendens is recorded, anyone who acquires an interest in the property — a buyer, a lender extending a new mortgage, or another party — takes that interest subject to whatever the litigation ultimately determines. This exposure is precisely why a recorded lis pendens tends to freeze a transaction in place. Title insurance companies will generally not insure a property with an active lis pendens on it, and few buyers or lenders are willing to proceed without title insurance. As a result, a lis pendens can function as a practical restraint on a property’s marketability even though it does not, by itself, prevent a sale from closing as a matter of law.
It is important to understand what a lis pendens is not. It does not create a lien or any ownership interest in the property. It is purely a notice — a mechanism for protecting the party who filed it from having their claim extinguished by someone who buys the property without knowledge of the pending dispute. Florida courts have specifically recognized that this notice function reduces the chances that a “bona fide purchaser” could acquire the property and wipe out an equitable claim that a plaintiff might otherwise have.
Florida’s Lis Pendens Statute
Lis pendens in Florida is governed by Section 48.23 of the Florida Statutes. Under the statute, an action in state or federal court only operates as a lis pendens on real property if a notice of lis pendens has actually been recorded in the official records of the county where the property sits, and that notice has not expired, been withdrawn, or been discharged.
One of the most important — and frequently overlooked — features of the statute is its built-in expiration. A notice of lis pendens is generally not effective for any purpose beyond one year from the commencement of the action, unless the relief sought is founded on a duly recorded instrument, such as a mortgage, or on a construction lien claim under Chapter 713 of the Florida Statutes. Courts can extend that one-year period on reasonable notice and for good cause, but absent an extension, a lis pendens tied to a claim without that underlying recorded instrument or lien will expire automatically.
This distinction matters because not every real estate lawsuit qualifies for an indefinite lis pendens. A dispute over a purchase and sale contract that is not based on a recorded instrument — a specific performance claim, for example — has no effect on title beyond the parties to the case unless a notice of lis pendens is properly recorded, and even then, that notice is subject to the one-year limitation unless it falls within one of the statute’s exceptions.
When a Lis Pendens Applies to a Real Estate Dispute
Lis pendens most commonly arises in a handful of recurring real estate litigation scenarios. In a breach of contract dispute where a buyer is seeking specific performance — asking the court to force the seller to complete the sale — filing a lis pendens is often one of the first strategic moves the buyer’s attorney makes, since it prevents the seller from selling the property to someone else while the litigation is pending. In a foreclosure action, the lender records a lis pendens to put the world on notice that the property is subject to a pending foreclosure, and under the statute, a mortgagee or other lienor who wants to protect a competing claim generally must intervene in the case within 30 days of the lis pendens being filed or risk having their claim barred.
Lis pendens also appears in quiet title actions, boundary and easement disputes that affect record title, partition actions among co-owners, and cases involving fraudulent transfers of real property. In each of these situations, the notice serves the same core function: preserving the status quo and protecting the filing party’s claim while the underlying dispute works its way through the court system.
What Property Owners and Buyers Should Know
For a property owner who discovers a lis pendens has been recorded against their property, the immediate priority is understanding the underlying lawsuit and evaluating whether the filing was proper. Florida law allows a court to discharge a lis pendens when the underlying pleading does not actually support one — for example, when the claim is not truly founded on a recorded instrument, a qualifying lien, or a genuine claim affecting title to the property. A property owner facing what appears to be an improper or overly aggressive lis pendens filing has legal options to challenge it, and moving quickly matters, since the notice can otherwise sit on the property for the better part of a year or longer.
For a buyer considering a property in Southwest Florida, a lis pendens discovered during a title search is a serious red flag that should not be worked around casually. While it is sometimes possible to structure a transaction around a lis pendens — for instance, by escrowing funds to address the underlying claim — doing so requires careful legal guidance and cooperation from the title company handling the closing.
For real estate professionals, recognizing what a lis pendens means — and what it does not mean — helps set accurate expectations with clients. A recorded lis pendens does not mean the filing party will win the underlying case. It means only that a claim affecting the property has been asserted and preserved. Agents who understand this distinction are better equipped to guide clients through a transaction complicated by pending litigation rather than assuming the deal is automatically dead.
Frequently Asked Questions
What does lis pendens mean?
Lis pendens is Latin for “suit pending.” In Florida real estate, it refers to a public notice recorded in the county land records alerting potential buyers, lenders, and other parties that a specific property is the subject of pending litigation.
Does a lis pendens stop a property from being sold?
Not as a matter of law, but as a practical matter, yes. Title insurance companies generally will not insure a property with an active lis pendens, and most buyers and lenders will not proceed without title insurance, which effectively freezes most transactions until the lis pendens is resolved or discharged.
How long does a lis pendens last in Florida?
Under Florida Statute 48.23, a lis pendens generally expires one year from the commencement of the action unless the underlying claim is based on a recorded instrument, such as a mortgage, or a construction lien under Chapter 713. Courts can extend the one-year period for good cause.
Can a lis pendens be removed or challenged?
Yes. If the underlying pleading does not support a valid lis pendens — for example, if the claim does not actually affect title to the property or lacks the required legal foundation — a property owner can ask the court to discharge the notice.
Does a lis pendens create a lien on the property?
No. A lis pendens is only a notice of pending litigation. It does not create an ownership interest or a lien against the property. Its function is to preserve the filing party’s claim and put others on notice before they acquire an interest in the property. However, functionally, the lis pendens clouds the title making it “unmarketable”.
Who typically files a lis pendens in a real estate dispute?
Lis pendens is commonly filed by a buyer seeking specific performance in a breach of contract dispute, a lender initiating a foreclosure action, or a party in a quiet title, boundary, partition, or fraudulent transfer case involving real property.
The Law Office of Sam J. Saad III represents buyers, sellers, agents, and property owners in real estate litigation across Naples, Bonita Springs, Fort Myers, and Southwest Florida. If you are facing a lis pendens or considering filing one to protect your interest in a property, Attorney Sam Saad is available to help — call or text 239-784-5556 or visit saadlegal.com.