What is a lis pendens?
A lis pendens is a notice of pending litigation recorded against a property when a lender files a lawsuit, alerting the public that the property title is subject to the outcome of that case.
When a lender initiates a foreclosure suit in Duval, Clay, or St. Johns County, the plaintiff's attorney typically files a lis pendens (Latin for "suit pending") in the county clerk's property records. This notice does not resolve the foreclosure case itself-it simply alerts anyone checking the title that litigation is underway that could affect ownership or the property's condition.
A lis pendens clouds the title, meaning potential buyers, lenders, or title companies will see the lawsuit is attached to the property record. The notice creates a lien in the sense that it prevents clear title from passing until the case concludes. This is why the property cannot be freely sold or refinanced during litigation.
It is critical to understand that a lis pendens is not the final judgment. The notice does not mean the lender has won; it simply means a lawsuit exists. The foreclosure may be dismissed, settled, or go to trial. Only after a final judgment does the case truly resolve-and even then, borrowers may have redemption rights or appeal options depending on the circumstances.
Foreclosure defense attorneys in the Jacksonville Metro often address lis pendens notices in their practice, advising clients on how the notice affects their options and timeline.