A lis pendens is a recorded notice that a lawsuit involving a specific property is pending. It doesn't transfer ownership, but buyers and lenders take the property subject to the case, so insurers usually won't close until it's cleared. Before offering on a Tampa home, search the owner's name in the Hillsborough County Clerk's official records.
What a Lis Pendens Is
The term is Latin for "suit pending," and that's all it says on its face. Someone has filed a lawsuit that claims an interest in the property or seeks to affect its title, and they've recorded a notice in the county records so the rest of the world knows about it.
That public notice is the whole point. Once it's recorded, a buyer can't later say they didn't know about the lawsuit, and they'll be bound by whatever the court decides. It's one of the more common reasons we see a cloud on title in Florida, and it shows up early in our search.
Why Someone Files One
A lis pendens isn't tied to one type of case. The ones we see most in Tampa Bay come from a handful of situations.
- A mortgage foreclosure, where the lender records the notice when it files suit
- A dispute between co-owners or heirs over who owns the property or how to divide it
- A buyer suing a seller to force a sale under a signed contract
- A contractor foreclosing on a construction lien
- A divorce or partition case that involves the home
A lawsuit that only asks for money, like a breach of contract claim with no stake in the property itself, isn't supposed to support a lis pendens. A court can be asked to remove one that doesn't belong.
How It Affects a Home Sale
When we find a lis pendens, it goes on the title commitment as a requirement that has to be satisfied before closing. Our post on how to read a Florida title commitment shows where that requirement appears and what it means for your deal.
In practice, a lender won't fund a loan on a property tied up in litigation, and we can't insure clear title while the case is open. A cash buyer could technically close anyway, but they'd own the property subject to the lawsuit and could lose it depending on how the case ends. That's a risk we'll always talk a buyer out of taking blind.
You can check before you write an offer. For a Tampa home, search the seller's name in the Hillsborough County Clerk's online Official Records, which run from 1965 to the present, and look for a lis pendens. For a St. Petersburg or Clearwater home, run the same search in the Pinellas County Clerk's official records, and send us the case number on any notice you find.
How Long a Lis Pendens Lasts in Florida
Florida puts a clock on these notices. Under section 48.23 of the Florida Statutes, a lis pendens expires 1 year after the lawsuit begins unless the case is founded on a recorded document, like a mortgage, or on a construction lien.
A court can extend that deadline for good cause, and time spent on appeal doesn't count against it. Notices tied to a recorded mortgage don't expire on that timer at all, which is why foreclosure notices can sit on a title for a long time.
How a Lis Pendens Gets Removed
There are a few ways to clear one. The party who filed it can record a release, which is common once a lawsuit settles or a foreclosure is resolved with a payoff or loan modification. A judge can discharge it when the lawsuit doesn't qualify, or the case can be dismissed and the notice cleared with it.
When the paper trail is messy, like an old foreclosure that was dropped but never released, a court action may be the cleanest fix. Our post on quiet title actions in Florida explains how that works and how long it can take.
Sellers, check your title before you list so you're not finding out from a buyer's title agent three weeks into the contract. Buyers, ask us about any lis pendens the moment you see one, and give us a call before you waive anything in the contract.
Frequently Asked Questions
How do I check for a lis pendens on a Hillsborough County home?
Search the owner's name in the Hillsborough County Clerk's online Official Records, which run from 1965 to the present, and look for a lis pendens in the results. If one turns up, send us the case number from the notice before you write the offer.
What does lis pendens mean in Florida?
It's a recorded notice that a lawsuit involving a property is pending. It warns buyers and lenders that they'll be bound by the outcome of the case if they buy or lend on the property.
Can you sell a house with a lis pendens on it in Florida?
It's very hard. Lenders won't fund and title insurers won't insure clear title until the notice is released or discharged. A cash buyer who closes anyway takes the property subject to the lawsuit.
How long does a lis pendens last in Florida?
Under section 48.23, it expires 1 year after the lawsuit begins unless the case is based on a recorded document like a mortgage or on a construction lien. A court can extend it for good cause.
How do you remove a lis pendens in Florida?
The party who filed it can record a release, or a court can discharge it. It also falls away when the case is dismissed or the notice expires under the statute.