What Is a Lis Pendens in Florida?

A lis pendens is a formal notice filed with the county clerk of court that a lawsuit affecting a specific piece of real property has been filed. The term comes from Latin and literally translates to "suit pending." In Florida, lis pendens filings are governed by Florida Statute §48.23, which defines how they are filed, what effect they have, and how they can be discharged.

If a lis pendens has been recorded against your property, it does not mean your home has been taken. It means a legal process has started — and that process comes with time, legal protections, and opportunities to act. This guide covers everything Florida homeowners need to know: the legal mechanics, the practical effects on selling and refinancing, how to remove a lis pendens, and the specific Florida statutes and case law that govern the process.

What Is a Lis Pendens Under Florida Law?

A lis pendens is a written notice recorded in the official records of the county where the property is located, notifying the public that a lawsuit has been filed that may affect the title to or possession of that specific real property. Under F.S. §48.23(1), any party to an action affecting title to or the right to possession of real property may record a lis pendens.

In the foreclosure context, the lender's attorney files the lis pendens simultaneously with the foreclosure complaint. The document is recorded in the official records of the county where the property is located — for example, the Hillsborough County Clerk of Court for properties in Tampa, or the Broward County Clerk for properties in Fort Lauderdale.

What a lis pendens must contain

Florida law requires a lis pendens to include the following elements:

• Names of all parties to the lawsuit (plaintiff and defendant)
• Court case number assigned to the lawsuit
• Court and county where the action is pending
• Legal description of the property (lot, block, subdivision, or metes and bounds — not just the street address)
• Nature of the action (e.g., mortgage foreclosure)

The lis pendens must be signed by the party or their attorney, and it must be recorded with the clerk of court in the county where the property is physically located. A street address alone is insufficient — the legal description ties the notice to the specific parcel in the county's official records.

How Does a Lis Pendens Appear on a Title Search?

A lis pendens appears as an encumbrance or exception on a title search. When a title company or attorney conducts a title examination, they search the county's official records for any recorded documents that affect the property. A lis pendens will show up in this search as a recorded instrument, identified by the recording date, book and page number (or instrument number), and the case number of the underlying lawsuit.

This is the primary way a lis pendens accomplishes its purpose: constructive notice. Under Florida law, once a lis pendens is recorded, anyone who acquires an interest in the property — whether they are a buyer, a lender, or a lien holder — is deemed to have knowledge of the pending lawsuit. This means they cannot later claim they did not know about the litigation.

For example, if a foreclosure lis pendens is recorded in Orange County on March 1, and a buyer purchases the property on April 15 without checking the official records, that buyer is still considered on notice of the foreclosure lawsuit. The buyer's interest in the property would be subject to the outcome of the foreclosure.

Title insurance companies will not issue a clean title policy on a property with an active lis pendens. Instead, they will either decline to insure the transaction or list the lis pendens as an exception — meaning the policy does not cover any losses related to the pending lawsuit.

Why Do Lenders File a Lis Pendens in Foreclosure Cases?

Lenders file a lis pendens at the beginning of a foreclosure lawsuit for three strategic legal reasons, each of which protects the lender's position during what can be a lengthy court process.

• Constructive notice to third parties:The lis pendens warns potential buyers, lenders, and lien holders that the property is in litigation. Without it, a homeowner could theoretically sell the property to an unsuspecting buyer, complicating the lender's ability to foreclose.
• Priority protection: The lis pendens establishes a priority date. Any liens, mortgages, or interests recorded after the lis pendens are subordinate to the foreclosure action. This prevents other creditors from jumping ahead of the foreclosing lender.
• Preventing transfers that undermine the foreclosure: While a homeowner can still transfer the property after a lis pendens is filed, the new owner takes it subject to the pending litigation. This makes fraudulent transfers or strategic conveyances ineffective against the lender.

In practice, the lis pendens is filed simultaneously with the foreclosure complaint. The lender's attorney records it with the county clerk the same day (or within days of) filing the complaint with the circuit court. The combined filing cost is minimal — roughly $400 to $500 for the court filing fee plus $25 to $40 for recording the lis pendens — but the legal effect is significant.

What Is the Difference Between a Lis Pendens and a Foreclosure Complaint?

A lis pendens and a foreclosure complaint are filed simultaneously, but they serve different legal purposes and are filed with different entities. Understanding this distinction is critical for homeowners who receive both documents at once.

The foreclosure complaint is the actual lawsuit. It contains the lender's allegations: the mortgage amount, the default, the amount owed, and the request for the court to order a sale. The lis pendens is the public notice that this lawsuit exists. You must respond to the complaint within 20 calendar days of being served. Failure to respond leads to a default judgment, which accelerates the entire process.

Can You Sell Your Home With a Lis Pendens in Florida?

Yes, you can legally sell your home after a lis pendens has been recorded — but the lis pendens creates practical obstacles that make traditional sales extremely difficult. The lis pendens clouds the title, which means any buyer is purchasing the property subject to the outcome of the pending foreclosure lawsuit.

Here is how it plays out in practice:

Traditional sale (with equity)

If your home is worth more than what you owe, you can sell it and use the sale proceeds to pay off the mortgage in full. The lender then dismisses the foreclosure, and the lis pendens is discharged. For example, if you owe $280,000 on your mortgage and your Hillsborough County home is worth $350,000, you could sell before foreclosure and walk away with roughly $40,000 to $50,000 after closing costs.

The challenge: your title company must coordinate the payoff with the lender and ensure the lis pendens is discharged at closing. This requires a title company experienced in distressed transactions. Most standard residential closings do not involve lis pendens issues.

Short sale (without equity)

If you owe more than the home is worth — say you owe $320,000 and the home appraised at $275,000 — you may pursue a short sale in Florida. In a short sale, the lender agrees to accept less than the full mortgage balance. The lender's approval process typically takes 60 to 120 days. Once approved, the sale closes, the lender dismisses the foreclosure, and the lis pendens is discharged as part of the transaction.

Cash buyer or investor sale

Some cash buyers and real estate investors specialize in purchasing properties with lis pendens filings. They understand the legal process and are willing to close quickly — often in 14 to 30 days. The buyer either negotiates directly with the lender or purchases the property subject to the lis pendens, planning to resolve the litigation post-closing.

Can You Refinance Your Home With a Lis Pendens?

In practical terms, no. While no Florida statute explicitly prohibits refinancing a property with an active lis pendens, the lending industry makes it functionally impossible. Here is why:

• Title insurance:A title company will not issue a lender's title insurance policy on a property with a lis pendens. Without title insurance, no lender will fund the loan.
• Lender underwriting: The lis pendens indicates the borrower is in default on an existing mortgage. No lender will approve a refinance for a borrower who is not current on their existing loan.
• Priority issues:A new mortgage would be subordinate to the lis pendens, meaning the new lender's lien could be wiped out if the foreclosure proceeds.

To refinance, you would first need to resolve the foreclosure — through reinstatement (paying all past-due amounts plus fees), loan modification, or dismissal of the case — and then have the lis pendens formally discharged from the official records. Only after the title is clear can refinancing proceed. In a market where refinance rates range from 6.5% to 7.5% (as of early 2026), this is a multi-step process that requires careful timing.

How Do You Remove or Discharge a Lis Pendens in Florida?

Florida law provides several mechanisms to remove a lis pendens from your property's title. The method depends on the status of the underlying lawsuit and the type of lis pendens that was filed.

1. Dismissal of the underlying lawsuit

If the foreclosure case is dismissed — whether voluntarily by the lender or by court order — the lis pendens loses its legal basis. The lender or your attorney files a release or satisfaction with the clerk, and the lis pendens is discharged. In cases where lenders fail to file the release promptly, your attorney can record a certified copy of the dismissal order.

2. Satisfaction of judgment or settlement

If the case is resolved through a loan modification, reinstatement, or payoff, the lender files a satisfaction of mortgage and a release of lis pendens. In short sale transactions, the closing agent coordinates this as part of the closing process.

3. Motion to discharge under F.S. §48.23(3)

This is the most powerful tool for challenging a lis pendens. Under F.S. §48.23(3), there are two categories of lis pendens, each with a different standard for discharge:

• "Specific statutory basis" lis pendens: Filed in actions that specifically affect title to real property — including foreclosure. These are harder to discharge because they are filed as of right. To discharge one, the homeowner must show that the underlying complaint does not state a valid cause of action or that the action is not a type that supports a lis pendens.
• "Non-specific basis" lis pendens:Filed in actions where the connection to the property is less direct (e.g., breach of contract disputes). These can be discharged if the filer cannot demonstrate a "fair nexus" between the lawsuit and the property, or if the court determines the filer is unlikely to prevail on the merits.

4. Posting a bond

Under F.S. §48.23(3), a property owner can post a bond with the court to have a lis pendens discharged. The bond must be sufficient to protect the filer from any damages they might suffer if the lis pendens is removed. This remedy is more common in commercial or non-foreclosure disputes where the property owner needs to sell or refinance quickly and can afford the bond premium — typically 1% to 3% of the bond amount annually.

5. Expiration

Under F.S. §48.23(2), a lis pendens expires one year after recording unless the filer records a written extension or the court orders otherwise. However, in foreclosure cases, lenders routinely file extensions, so relying on expiration alone is not a reliable strategy.

What Is the Timeline From Lis Pendens to Foreclosure Sale in Florida?

The timeline from a lis pendens filing to the actual foreclosure sale varies significantly depending on whether the case is contested, the court's docket, and the county where the case is filed. Florida is a judicial foreclosure state, which means every foreclosure must go through the court system.

Here is a typical Florida foreclosure timeline:

1. Day 1: Lis pendens and foreclosure complaint filed with the court
2. Days 1-20: Service of process (homeowner is personally served)
3. Day 20: Deadline to file an answer to the complaint
4. Days 20-120: Discovery period, possible mediation
5. Days 120-180: Lender files motion for summary judgment
6. Days 180-240: Court hearing on summary judgment
7. Days 240-300: Final judgment entered, sale date set (typically 30-45 days after judgment)
8. Days 300-365: Clerk's foreclosure auction

In uncontested cases — where the homeowner does not file an answer — the timeline can compress to as little as 180 days. In heavily contested cases, especially in courts with crowded dockets like Miami-Dade County, Palm Beach County, or Broward County, the process can take 18 to 24 months or longer.

The key takeaway: a lis pendens filing is early in the process. You typically have 6 to 14 months between the lis pendens and the actual foreclosure sale. That is significant time to explore options like stopping the foreclosure, negotiating a short sale, or selling before the auction.

What Happens If You Ignore a Lis Pendens in Florida?

Ignoring a lis pendens — and more critically, ignoring the foreclosure complaint that accompanies it — triggers a chain of consequences that accelerates the loss of your home and eliminates most of your options.

Default judgment

If you do not file an answer to the foreclosure complaint within 20 calendar days of being served, the lender can move for a clerk's default under Florida Rule of Civil Procedure 1.500. Once the default is entered, the lender files a motion for default final judgment of foreclosure. The court can enter this judgment without a hearing, without your input, and without considering any defenses you might have had.

Accelerated timeline

A default judgment can be entered within 60 to 90 days of the complaint being filed, cutting the typical 8-to-14-month timeline nearly in half. The foreclosure sale can be scheduled as soon as 30 days after the final judgment — meaning your home could be sold at auction as early as 90 to 120 days after the lis pendens was filed.

Loss of defenses

Florida courts have held that failure to timely answer a foreclosure complaint constitutes a waiver of affirmative defenses. This means even if the lender lacks standing, failed to send required breach notices, or violated the Truth in Lending Act, you may lose the ability to raise these defenses if you do not answer on time. Courts do have discretion to set aside defaults for "excusable neglect," but this is an uphill battle.

How Should You Respond After a Lis Pendens Is Filed?

The lis pendens itself does not require a direct response — but the foreclosure complaint that accompanies it requires immediate action. Here is a step-by-step action plan.

Step 1: Read and verify every document

Review the lis pendens and the foreclosure complaint carefully. Verify the amount claimed, the property description, the named parties, and the case number. Errors in any of these elements can form the basis of a defense. For example, if the complaint names the wrong entity as the note holder, that is a standing defense that has defeated foreclosures in Florida courts.

Step 2: File an answer within 20 days

You have exactly 20 calendar days from the date you were served to file a written response with the circuit court. This response — called an "answer" — should address each allegation in the complaint and raise any affirmative defenses. Common defenses include: lack of standing, failure to provide required notices under the mortgage terms, statute of limitations issues (F.S. §95.11 — five years for written contracts), and failure to satisfy conditions precedent such as breach letter requirements.

Step 3: Consult with a professional

Engage a foreclosure defense attorney who practices in your county's circuit court. Attorney fees for foreclosure defense in Florida typically range from $1,500 to $5,000 depending on the complexity and whether the case goes to trial. Additionally, HUD-approved housing counseling agencies provide free guidance. Barrett Henry, a REALTOR with 23+ years of real estate experience at REMAX Collective, helps Florida homeowners evaluate their real estate options alongside the legal process.

Step 4: Evaluate all available options

Your options at this stage include:

• Loan modification: Restructuring the loan terms to make payments affordable
• Reinstatement: Paying all past-due amounts plus fees to bring the loan current
• Forbearance: A temporary payment reduction or pause
• Short sale: Selling the home for less than owed with lender approval
• Pre-foreclosure sale: Selling at market value if you have equity
• Deed in lieu: Transferring the property to the lender to avoid foreclosure
• Bankruptcy: Filing Chapter 13 to stop foreclosure and catch up on payments over 3-5 years
• Litigation defense: Challenging the foreclosure on legal grounds

What Are Abusive Lis Pendens Filings in Florida?

An abusive lis pendens is one filed without a legitimate basis, typically to harass a property owner, prevent a sale, or gain leverage in an unrelated dispute. While most lis pendens in foreclosure cases are legitimate (the lender is filing a valid foreclosure lawsuit), abusive filings do occur in other contexts — business disputes, divorce proceedings, and neighbor conflicts.

Florida courts take abusive lis pendens seriously. In Chiusolo v. Kennedy, 418 So. 2d 219 (Fla. 1982), the Florida Supreme Court established that a lis pendens must be based on a pleading that shows the action "directly and specifically" affects the property described. Courts have since refined this standard through numerous decisions.

Remedies for abusive lis pendens include:

• Motion to discharge: Under F.S. §48.23(3), the court can discharge a lis pendens that lacks a sufficient basis
• Attorney's fees: The court can award reasonable attorney's fees and costs to the property owner who successfully challenges an abusive lis pendens
• Damages: If the abusive filing caused quantifiable harm (such as a lost sale), the property owner may pursue damages through a separate action for slander of title or abuse of process

If you believe a lis pendens has been filed against your property without a legitimate basis, consult a real estate attorney immediately. Time matters — the longer an invalid lis pendens remains on record, the more damage it can cause to your ability to sell, refinance, or develop the property.

How Has Recent Florida Case Law Affected Lis Pendens?

Florida courts have addressed several lis pendens issues in recent years that directly affect homeowners in foreclosure.

Statute of limitations and lis pendens

In Bartram v. U.S. Bank National Association, 211 So. 3d 1009 (Fla. 2016), the Florida Supreme Court held that each missed mortgage payment triggers its own statute of limitations period. This decision had significant implications for lis pendens: if a lender's foreclosure is dismissed and the statute of limitations runs on some payments, a new lis pendens filed with a new foreclosure may only cover payments within the five-year statute of limitations under F.S. §95.11(2)(b).

Standing and lis pendens validity

Florida courts have repeatedly held that a foreclosure plaintiff must have standing — meaning they must own and hold the promissory note — at the time the complaint and lis pendens are filed. In McLean v. JP Morgan Chase Bank, 79 So. 3d 170 (Fla. 4th DCA 2012), the court reversed a foreclosure where the lender could not prove it held the note at the time of filing. When a foreclosure is dismissed for lack of standing, the lis pendens is automatically voided.

Acceleration and de-acceleration

After Bartram, lenders who voluntarily dismiss a foreclosure are considered to have de-accelerated the mortgage. This means a previous lis pendens no longer reflects an active claim, and the property owner can seek its discharge. However, the lender retains the right to file a new foreclosure (and new lis pendens) for subsequent defaults.

How Does a Lis Pendens Affect Your Credit Score?

The lis pendens filing itself does not appear on your credit report. Credit bureaus (Equifax, Experian, TransUnion) do not track lis pendens filings as a separate line item. However, the financial distress that leads to a lis pendens absolutely affects your credit:

• Late payments (30-59 days): 60-80 point drop per occurrence
• Seriously delinquent (90+ days): 80-110 point drop
• Foreclosure completion: 100-160+ point additional drop

By the time a lis pendens is filed (typically 4-6 months after the first missed payment), your credit score has likely already been significantly impacted by the missed payments. This is one reason why exploring alternatives early — before the foreclosure is completed — can protect your financial future. A short sale or deed in lieutypically shows as "settled for less than owed" rather than "foreclosure" on your credit report, which carries less weight with future lenders.

What Mistakes Do Homeowners Make After a Lis Pendens Filing?

After working with Florida homeowners facing foreclosure, these are the most damaging and preventable mistakes:

• Not filing an answer within 20 days: This is the single most damaging mistake. A default judgment eliminates your defenses and accelerates the foreclosure by months. Even a basic answer preserves your rights.
• Assuming the home is already lost: A lis pendens is the beginning of the process, not the end. In contested cases, homeowners have 12 to 24 months or more to find a resolution.
• Stopping mortgage payments entirely: If you are exploring a loan modification, continuing to make partial payments demonstrates good faith and may improve your negotiating position. If you stop paying entirely, the arrearage grows by $1,500 to $3,000 per month (depending on your payment), making catch-up harder.
• Falling for foreclosure rescue scams:Be extremely wary of anyone who contacts you (they found your information through the public lis pendens filing) offering to "save your home" for an upfront fee, asking you to sign over your deed, or promising they can stop the foreclosure for a flat fee of $2,000 to $5,000. Florida law (F.S. §501.1377) specifically regulates foreclosure rescue transactions and prohibits advance fees.
• Waiting too long to explore options: The more time you have, the more options are available. A short sale started at month 2 has much better odds than one started at month 10.
• Not understanding the difference between the lis pendens and the complaint: The complaint requires action. The lis pendens does not. But both demand your attention.

Key Takeaways About Lis Pendens in Florida

• A lis pendens is a formal notice of pending litigation, governed by F.S. §48.23 — not a foreclosure itself
• It is recorded with the county clerk in the county where the property is located and becomes part of the public record
• A lis pendens clouds the title, appearing on any title search and preventing most traditional sales and all refinancing
• You can still sell through a short sale, pre-foreclosure sale, or cash buyer even with an active lis pendens
• The foreclosure complaint that accompanies the lis pendens must be answered within 20 calendar days
• A lis pendens can be removed through case dismissal, settlement, motion to discharge, bond posting, or expiration
• You typically have 6 to 14 months between the lis pendens and a foreclosure sale — use this time wisely
• Ignoring the lis pendens and complaint leads to a default judgment that accelerates everything
• Florida has strong protections against abusive lis pendens filings, including attorney's fees awards

A lis pendens is a starting point, not an ending point. Reach out for free help today to understand your options and take control of your situation before the timeline narrows.