If you’re involved in a real estate dispute in Florida—whether over ownership, title defects, or broken contract terms—you may have heard of a legal tool called a lis pendens. But what is it? And when should it be used?
At Strang Tryson, we use lis pendens strategically to protect our clients’ interests in real estate litigation. When used properly, it can prevent unwanted sales, protect your claim, and gain leverage in a lawsuit.
What Is a Lis Pendens?
“Lis pendens” is Latin for “suit pending.” It’s a legal notice filed in the county’s public records to alert the world that there’s an ongoing lawsuit involving a specific property.
It doesn’t block access to the property—but it clouds the title, making it nearly impossible for the owner to sell, refinance, or transfer the property without resolving the lawsuit.
Legal Authority: Florida Statutes § 48.23
Common Cases That Warrant a Lis Pendens
You should consider filing a lis pendens if your lawsuit involves a claim to the property itself, such as:
- Partition actions between co-owners
- Quiet title lawsuits
- Specific performance claims (forcing a sale under a contract)
- Foreclosures (judicial)
- Disputes over easements, boundaries, or fraudulent deeds
- Probate or inheritance claims affecting title
You cannot file a lis pendens just because you’re suing someone who owns property—the claim must directly involve legal rights to the property.
What Happens After Filing a Lis Pendens?
- It appears in the public records (and on a searchtitle report)
- Title companies will not insure the property
- Buyers and lenders will not proceed with the deal
In essence, it “freezes” the property’s marketability until the case is resolved or the lis pendens is released.
Risks of Filing a Lis Pendens Improperly
Florida law allows courts to remove a lis pendens and even award damages if it was filed in bad faith.
Improper filing can lead to:
- Court sanctions
- Attorney’s fees paid to the other party
- Counterclaims for slander of title
The Golden Rule: Only file a lis pendens when the lawsuit includes a legitimate claim affecting legal ownership, title, or possession of the property.
Time Limits and Expiration
- A lis pendens stays in place until the case is dismissed, resolved, or voluntarily released.
- If your claim is dismissed without prejudice (meaning it can be refiled), the lis pendens is void.
How to File a Lis Pendens in Florida
- Draft a Notice of Lis Pendens that includes:
- Property’s legal description
- Parties to the lawsuit
- Nature of the claim
- Case number (must be filed with or after the lawsuit)
- File the notice with the Clerk of Court in the county where the property is located
- Serve the notice on the defendant(s)
Can a Lis Pendens Be Challenged?
Yes. The opposing party can file a motion to discharge the lis pendens. The court will examine:
- Whether the underlying lawsuit supports it
- Whether there is probable cause to maintain it
Sometimes the court may require the plaintiff to post a bond to maintain the lis pendens.
Strang Tryson’s Take
Used wisely, a lis pendens is a powerful tool to protect your legal interests in real estate—but it must be supported by a valid legal claim. Our firm carefully evaluates each case before filing to ensure compliance with Florida law.
If you believe your real estate rights are in jeopardy, contact us before the property is sold out from under you.
