What is a lis pendens?

A lis pendens is a formal notice recorded in the county clerk's office that signals an active lawsuit affecting a property's title or ownership rights. In a foreclosure suit, the lender's attorney files this notice early in the proceedings to create a public record that the property is subject to legal action. The name comes from Latin meaning "lawsuit pending," and it serves as a critical tool in the foreclosure process.

When a lis pendens is recorded, it attaches to the property's title and remains in place until the case concludes. The notice alerts any potential buyer, lender, or title company that the property is encumbered by litigation. Most title insurers will not issue a policy while a lis pendens exists, effectively preventing the homeowner from refinancing or selling the property to a third party during the lawsuit. Banks and title companies treat the property as unmarketable so long as the litigation is unresolved.

The notice protects the foreclosing lender's interests by preventing the homeowner from transferring the property to a third party to evade the foreclosure judgment. In the Trenton Metro area, county recorders maintain these notices as part of the public record. Once a court issues a final judgment or the parties reach a settlement, the lis pendens must be discharged or removed from the record. Homeowners facing foreclosure should understand that this notice makes their property impossible to sell or refinance until the legal matter is resolved. For questions about lis pendens filings or removal, real estate litigation attorneys can advise on your specific situation.