What Is A Lis Pendens in Florida?
A lis pendens in Florida is a formal legal notice filed in the public property records that alerts the world a lawsuit is pending involving a specific piece of real estate. Fun fact, the phrase is Latin for “suit pending,” and once it appears on your title, it can stop a sale, block refinancing, and cloud ownership until the underlying dispute is resolved. Whether you are a property owner who just discovered one filed against your home, a buyer whose closing just fell through, or a lender reviewing title, understanding how lis pendens works in Florida is a good step toward protecting your position.
What Is a Lis Pendens and How Is It Filed?
Under Florida Statute § 48.23, a lis pendens is recorded in the official public records of the county where the property is located. Any party to a lawsuit that involves real property — a foreclosure action, a partition dispute, a breach of contract claim, or a quiet title action — can file a lis pendens to put third parties on notice of the pending litigation.
Filing is straightforward: the notice identifies the court case, the parties, and the legal description of the property. Once recorded, it becomes part of the chain of title. Anyone who searches the property’s title history will find it — and any sale, mortgage, or transfer recorded after the lis pendens is subject to the outcome of the underlying lawsuit.
That last point is what makes lis pendens Florida filings so powerful. A buyer who purchases property after a lis pendens is recorded takes it subject to whatever the court ultimately decides. This is why title companies flag them immediately and lenders typically will not fund a loan while one is active.
Common Reasons a Lis Pendens Is Filed in Florida
The most frequent situations that trigger a lis pendens in Florida include:
- Foreclosure actions: Lenders file lis pendens at the start of foreclosure proceedings to protect their security interest while the case moves through court.
- Quiet title actions: When ownership of a property is disputed, a party seeking to establish clear title files a lis pendens to prevent transfers during litigation.
- Partition actions: Co-owners who cannot agree on a property’s sale or division often file lis pendens as part of the partition lawsuit.
- Breach of real estate contract: A buyer who claims a seller wrongfully refused to close may file lis pendens to prevent the property from being sold to a third party during litigation.
- Construction liens: Contractors and subcontractors sometimes file lis pendens alongside construction lien claims to secure their interest in the property.
- Divorce proceedings: In a dissolution of marriage, a spouse may file lis pendens on marital real estate to prevent the other party from selling or encumbering it during the case.
The Effect of a Lis Pendens on Property in Florida
When a lis pendens is recorded against your property, the practical consequences are immediate and significant:
- Sales are effectively frozen. Buyers’ title insurance companies will not issue a policy over an active lis pendens, which means no lender will fund a purchase loan.
- Refinancing becomes impossible. Lenders will not close a refinance transaction with a pending lawsuit affecting title.
- The cloud follows the property. Even if you sell to a cash buyer willing to overlook it, they take the property subject to the lawsuit’s outcome — a significant risk most buyers will not accept.
- Your credit and finances can be affected. If the lis pendens is tied to a foreclosure, the associated missed mortgage payments and legal proceedings affect your financial standing.
A Fort Lauderdale property owner who had been negotiating a sale discovered mid-contract that a contractor who had done work two years earlier had filed both a construction lien and a lis pendens. The buyer’s lender immediately pulled out of the deal. The owner had no idea the lien existed until it surfaced during title review — a situation that required immediate legal intervention to resolve before the contract expired.
How to Challenge or Remove a Lis Pendens in Florida
If a lis pendens has been filed against your property — particularly one you believe is improper or based on a weak legal claim — Florida law provides several avenues to challenge it.
Motion to Discharge the Lis Pendens
Under Florida Statute § 48.23(3), a property owner can move the court to discharge (remove) a lis pendens. The court will then evaluate whether the underlying lawsuit is founded on a “duly” recorded instrument — meaning a properly recorded document in the chain of title — or based on an unrecorded claim.
If the lawsuit is not founded on a recorded instrument, the filing party must post a bond to maintain the lis pendens. Courts have the discretion to require a bond in other circumstances as well, particularly when the lis pendens appears designed to pressure a settlement rather than protect a genuine property interest.
Showing the Lawsuit Lacks Merit
Another avenue is filing a motion for summary judgment or motion to dismiss on the underlying claim. If the court grants the motion and the lawsuit is dismissed, the lis pendens falls with it. A real estate attorney in Fort Lauderdale who handles lis pendens challenges regularly can assess the strength of the underlying claim and recommend the most efficient path to clearing title.
Negotiated Resolution
In many cases, the dispute underlying a lis pendens Florida filing can be resolved through negotiation — a payment, a revised contract term, or a structured buyout — without full litigation. This is often the fastest route to clearing the cloud on title, particularly when the underlying claim has merit but the parties have not yet tried to reach a practical resolution.
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Filing a Lis Pendens: What the Filing Party Needs to Know
If you are the party seeking to file a lis pendens in Florida, several important rules apply:
- The lawsuit must involve the real property identified in the notice. A lis pendens filed to cloud title without a genuine property claim is improper and can expose the filing party to damages.
- Florida courts have penalized parties who file lis pendens as a litigation tactic rather than to protect a genuine interest in the property.
- If the lis pendens is later discharged or the lawsuit dismissed, you may be liable for the property owner’s attorney’s fees and costs incurred in removing it.
- Timing matters — filing too early or improperly in the litigation sequence can create procedural problems.
Lis Pendens vs. Lien: What’s the Difference?
| Feature | Lis Pendens | Lien |
|---|---|---|
| What it signals | Pending lawsuit involving the property | A debt secured by the property |
| When it arises | At the start of litigation | After work performed or judgment entered |
| Effect on title | Clouds title; third parties take subject to lawsuit outcome | Encumbers title; must be paid to convey clear title |
| How removed | Court order discharging it, or dismissal of lawsuit | Payment, satisfaction, or court order |
| Common sources | Foreclosure, quiet title, partition, breach of contract | Construction, judgment, tax, mortgage |
FAQ: Lis Pendens in Florida
| Question | Answer |
|---|---|
| Can I sell my property with a lis pendens on it? | Technically yes, but in practice it is extremely difficult. Most buyers cannot obtain financing with an active lis pendens, and those who pay cash take the property subject to the lawsuit’s outcome. |
| How long does a lis pendens last in Florida? | It remains active until the underlying lawsuit is resolved — whether by settlement, court judgment, or dismissal — at which point a notice of termination or satisfaction is recorded. |
| Can someone file a lis pendens on my property without telling me? | Yes. A lis pendens is filed in the public records as part of a court case. You may receive notice through the litigation itself, but the recording happens at filing — not at your door. |
| What happens if a lis pendens is filed wrongfully? | Florida courts can award attorney’s fees and damages against a party who filed an improper lis pendens. A motion to discharge is the typical first step in challenging it. |
| Do I need an attorney to remove a lis pendens? | Strongly recommended. The process requires court filings, knowledge of the underlying statute, and often litigation strategy to resolve the dispute driving the lis pendens. |
Florida Lis Pendens Resources
| Resource | Description |
|---|---|
| Florida Statute § 48.23 | The governing statute for lis pendens in Florida — includes filing requirements, discharge procedures, and bonding rules. |
| Broward County Clerk — Case Search | Search Broward County court records to verify whether a lis pendens has been filed in a pending case. |
| The Florida Bar — Real Property Guide | Consumer guide to Florida real property law, including title issues and encumbrances. |
Protecting Your Property When a Lis Pendens Is Involved
A lis pendens in Florida can appear without warning and create immediate, serious consequences for your property rights and financial plans. Whether you are fighting to remove one that was improperly filed or need to file one to protect your own interest in a property dispute, the strategy matters as much as the filing itself.
Hughes Real Estate Law represents property owners, buyers, sellers, and lenders in lis pendens disputes throughout Broward County and South Florida. Call us at (954) 256-5125 or visit our contact page to discuss your situation.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale real estate litigation firm serving clients across Broward County, Miami-Dade, and Palm Beach. The firm focuses exclusively on real estate disputes — title issues, partition actions, quiet title, boundary disputes, construction defects, and landlord-tenant litigation — giving clients focused, experienced representation in matters that affect their most significant assets.