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Lis Pendens
A lis pendens is a legal notice filed in public property records to warn that a lawsuit involving that property is pending, which can affect future ownership or sales.
What it actually is
Lis pendens, Latin for 'pending lawsuit', is a written notice recorded in the official land records of the county where the property is located. It typically appears when a lawsuit claims an interest in real estate, such as a dispute over ownership, a foreclosure, or a contract to sell. The notice alerts potential buyers or lenders that the property's title may be affected by the outcome of the pending case.
Why it matters in your case
If you are a party in a lawsuit involving real property, filing or opposing a lis pendens can prevent the property from being sold or transferred to an innocent third party while the case is ongoing. It effectively ties the outcome of the lawsuit to the property itself, meaning anyone who buys or takes an interest in the property during the litigation is bound by the court's final decision.
The common misunderstanding
Many people mistakenly think a lis pendens is a type of lien or a judgment against the property; it is actually a notice of pending litigation, not a claim of debt. Another common error is believing that simply filing a lis pendens gives you ownership rights—it only preserves the court's ability to resolve the dispute over the property's title.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.