What Is a Lis Pendens in Florida Foreclosure?
What Is a Lis Pendens in Florida Foreclosure?
If you've found a Lis Pendens connected to your property, you may be wondering what it means, whether you've already lost your home, and how much time you have left.
It's a legal notice that a lawsuit involving your property is pending.
Lis Pendens is a Latin term that essentially means "litigation pending."
In Florida, a notice of lis pendens can be recorded in the county's official records when litigation involves or may affect a particular property.
In a mortgage foreclosure case, seeing a Lis Pendens generally means the foreclosure matter has moved beyond simply being behind on your mortgage and into the court process.
It is an important milestone — but it is not the same thing as a foreclosure sale.
So What Does a Lis Pendens Actually Do?
A recorded notice of Lis Pendens puts the public on notice that there is a pending legal action that may affect the property.
Florida Statute §48.23 establishes the requirements and legal effect of a recorded Lis Pendens. The notice identifies information such as the parties involved, the court case, the property and the relief being sought.
In practical terms, it tells anyone researching the property's public records that there is a legal dispute involving the property that should not be ignored.
What a Lis Pendens Means — and What It Doesn't
This is where homeowners can understandably become confused. A Lis Pendens is significant, but it does not mean every next step has already happened.
It Means The case has moved into litigation
- There is a pending legal action involving the property.
- The property is now connected to a court case.
- The notice is recorded in the county's official records.
- Anyone researching the property can potentially discover the recorded notice.
- You should pay close attention to the case and the documents associated with it.
It Does Not Mean The foreclosure is already complete
- It does not mean the property has already been sold.
- It does not automatically mean an auction is tomorrow.
- It does not mean you have no options left.
- It does not tell you the exact amount of time remaining in your individual case.
- It does not replace the need to review the actual court documents.
Where Does the Lis Pendens Fit?
A Lis Pendens is one milestone in a much larger foreclosure process. The exact sequence and timing can vary by case, but this gives you a general picture of where it fits.
Missed Payments & Default
The homeowner falls behind on the mortgage and the lender or servicer begins its collection and loss-mitigation processes.
Foreclosure Lawsuit
The lender generally brings a foreclosure action through the court system in Florida.
Lis Pendens Is Recorded
A notice of Lis Pendens is recorded in the county's official records, providing notice that litigation involving the property is pending.
Court Proceedings
The foreclosure case continues through the court process. Depending on the circumstances, there may be responses, negotiations, loss-mitigation efforts, motions or other proceedings.
Final Judgment
If the case proceeds to judgment, the court may enter a Final Judgment of Foreclosure.
Foreclosure Sale
A foreclosure sale may then be scheduled according to the court's judgment and applicable Florida law.
What Should Be on the Lis Pendens?
Florida law specifies information that a notice of Lis Pendens must contain. If you're looking at one connected to your property, these are some of the details you may see.
If You Found a Lis Pendens, Start Here
Don't panic — but don't ignore it either. Start by getting a clear picture of what the document is connected to and what has happened since it was recorded.
Find the Case Number
The case number can help you locate the related court case and distinguish it from other matters involving the property.
Check the Filing Date
Look at when the notice was recorded and compare that with other documents you have received.
Identify the Parties
Confirm who filed the action and who is identified as a party to the case.
Read the Court Documents
The Lis Pendens itself is only part of the picture. The foreclosure complaint and other court filings can provide additional information.
Check for a Sale Date
A Lis Pendens does not by itself tell you whether a foreclosure sale has been scheduled. Check the actual court record.
Understand What Is Owed
Find out approximately what is owed on the mortgage and whether there are other liens, HOA balances or obligations affecting the property.
A Lis Pendens Is a Warning Sign — Not the Finish Line.
Finding a Lis Pendens can understandably feel like the point where everything has already been decided.
But a recorded Lis Pendens means that litigation is pending. It does not, by itself, mean the foreclosure has been completed.
The important question is what has happened since the Lis Pendens was recorded.
Has a Final Judgment been entered? Has a sale been scheduled? Is there still an opportunity to investigate loss mitigation, negotiate with the lender, sell the property, or explore another appropriate solution?
What About Your Home's Equity?
This is one of the most important questions to answer once you discover that a foreclosure lawsuit has been filed.
A Lis Pendens Does Not Tell You Whether You Have Equity.
The notice tells you that litigation involving the property is pending. It does not tell you what your home is worth or whether there is equity in the property.
You could potentially be behind on your mortgage, have a foreclosure lawsuit and a recorded Lis Pendens — and still have significant equity.
That is why understanding your property's current market value and the amounts owed against it can be an important part of understanding your options.
A Simple Starting Point
Estimated Market Value
− Amounts Owed
= Approximate Gross Equity
This is only a starting point. Selling costs, liens, taxes, mortgage payoff amounts and other obligations can affect the actual amount available from a sale.
Florida Lis Pendens FAQs
Some of the most common questions homeowners ask after discovering a Lis Pendens.
What does Lis Pendens mean in Florida?
Lis Pendens means "litigation pending." In Florida, a notice of Lis Pendens is recorded in the official records to provide notice that litigation involving or potentially affecting a property is pending.
Does a Lis Pendens mean my house is in foreclosure?
In a mortgage foreclosure case, a Lis Pendens generally indicates that a foreclosure lawsuit involving the property has entered the court process. However, a Lis Pendens is not the same thing as a completed foreclosure sale.
Does a Lis Pendens mean my house is going to auction?
Not necessarily. A Lis Pendens indicates that litigation is pending, but it does not by itself tell you whether a foreclosure sale has been scheduled or when one will occur.
Can I sell my house after a Lis Pendens is filed?
A Lis Pendens can have important legal effects on the property and a pending foreclosure case can affect a potential sale. Whether a sale is possible or advisable depends on the circumstances of the case, the amounts owed, liens and the time available. Speak with an appropriate attorney about the legal implications.
How long does a Lis Pendens last in Florida?
Florida Statute §48.23 generally provides that a notice of Lis Pendens is not effective beyond one year from commencement of the action in cases covered by the statute's general expiration rule, subject to exceptions and possible court extension. The specific circumstances of the case matter.
Does a Lis Pendens affect my home's title?
A recorded Lis Pendens provides public notice of litigation that may affect the property and can have legal effects on interests and liens involving the property. Because title consequences can be case-specific, a Florida real-estate attorney should be consulted for legal advice.
Can I still have equity if there is a Lis Pendens?
Yes. A Lis Pendens does not determine your home's market value or how much equity you have. You can potentially have equity even while a foreclosure lawsuit is pending.
What should I do if I find a Lis Pendens on my property?
First, identify the case and review the associated documents. Determine whether a Final Judgment has been entered and whether a foreclosure sale has been scheduled. Because a foreclosure lawsuit involves legal deadlines and rights, consider speaking with a qualified Florida foreclosure attorney.
Why I Want Homeowners to Understand the Lis Pendens
When homeowners see a Lis Pendens in the public records, it can feel like the situation has already gone too far.
That's understandable. But the document itself is telling you something very specific: there is litigation involving the property.
From the real-estate side, one of the first things I want a homeowner to understand is whether the property has equity and how much time may actually remain before a foreclosure sale.
That doesn't mean selling is automatically the right answer. Keeping the home may be the priority. You may need an attorney, lender, housing counselor or another professional.
My role is to help you understand the property-value and real-estate side of the situation so that you can make a more informed decision about what to investigate next.
Found a Lis Pendens and Don't Know What It Means?
You don't have to figure out the entire situation before asking questions.
If you'd like to understand the real-estate side of your situation — including what your property may be worth and whether there may be equity — we can start there.
I'm a Florida Realtor and Certified Distressed Property Expert (CDPE). I'm not an investor or cash buyer, and I'm not here to pressure you into selling your home.
Let's Talk About Your SituationImportant Disclaimer: I am a licensed Florida Realtor and Certified Distressed Property Expert (CDPE), not an attorney, accountant, tax professional, financial advisor, lender or housing counselor. This information is provided for general educational purposes only and should not be considered legal, tax, financial, lending or housing counseling advice. Foreclosure laws, procedures, deadlines and individual circumstances vary. Florida Statute §48.23 contains specific rules concerning Lis Pendens. If you have received legal documents or are involved in a foreclosure action, consult a qualified Florida attorney regarding your specific circumstances.
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