What Is a Lis Pendens in Florida?

What does "lis pendens" actually mean?

It's Latin for "suit pending." In Florida, lis pendens is governed by Florida Statute § 48.23, and it's a formal notice recorded with the county where the property sits, alerting the public that a lawsuit involving the property is underway. In foreclosure cases specifically, the lender typically records a lis pendens at or near the time they file the foreclosure lawsuit — it's part of putting the world on notice of the case, not a separate action you need to worry about on its own.

Does a lis pendens stop you from selling your home?

Not automatically, but it does complicate things. A recorded lis pendens doesn't legally prevent a sale or refinance, but it creates what's called a "cloud on title" — and title insurers, buyers, and lenders generally won't proceed on a property with disputed or clouded title until the underlying case is addressed. In a straightforward foreclosure situation, that usually means the sale has to resolve the mortgage debt itself — paying it off in full, or getting lender approval for a short sale — as part of closing. This is a routine, well-established part of selling during pre-foreclosure or an active foreclosure case, not a rare workaround, but it does mean not every buyer or lender will want to move forward without that piece being handled correctly.

How is a lis pendens different from an actual lien?

A lis pendens isn't technically a lien — it doesn't itself create a debt against the property. It's a notice that a legal dispute exists. But in practical terms, it often behaves more restrictively than a typical lien, because title companies and lenders tend to treat "title in active litigation" as reason enough to hold off until the case is resolved or the lis pendens is released.

When does a foreclosure lis pendens go away?

It's generally released or dismissed when the underlying case is resolved — commonly because the debt has been paid off (through a sale, a payoff, or a completed short sale), the loan has been reinstated, or the case has otherwise been dismissed. This is exactly why selling early, before or during a lis pendens period, is a real and common path — the sale itself is often what resolves the case.