What is a Lis Pendens?

A Lis Pendens, or Notice of Lis Pendens, specifically means “Notice of Suit Pending” and it means that there is a lawsuit pending that affects a particular piece of real estate.  A Lis Pendens, or LP, is usually filed in the lawsuit (in the docket) and then recorded in the Official Records of the county where the property is located.  It is recorded to give notice to any prospective purchaser that the property is involved in a lawsuit.  It is usually a Title Company that finds an LP, because they are insuring the title to the property.

If there is a lis pendens recorded and it has your name on it, it usually means that some sort of lawsuit has been filed that involves property that you own or have some sort of ownership interest in.  Most commonly they are foreclosures, but they can also be for partition, specific performance, quiet title, and a few other reasons.  If you are a defendant in any of those lawsuits, contact real estate Attorney Joe Taormina to discuss your case and your options. 

Sometimes, misguided investors, contractors, and even former spouses record will record a lis pendens in an attempt to recoup funds for all sorts of reasons. A Lis Pendens is authorized under §48.23 of Florida Statutes and is not a lien or other mechanism to impose a debt.  The erroneous recording of a lis pendens may give the property owner additional rights under a slander of title legal theory. 

Contact our office at 407-452-4918 to discuss your options.