Florida Lis Pendens: What It Means for Your Property Sale & How to Remove It

By Emanuel Greco, Licensed FL Real Estate Professional · Updated July 2026

A lis pendens (Latin for "suit pending") is a recorded legal notice that a lawsuit involving a specific property is active. In Florida, it appears in the public record and attaches to the property's title — warning buyers, lenders, and title companies that the outcome of an ongoing lawsuit may affect ownership. It can stop a sale cold until the lawsuit is resolved or the lis pendens is discharged.

What Triggers a Lis Pendens in Florida?

Any lawsuit that claims an interest in real property can support a lis pendens filing. Common causes in Florida include:

• Foreclosure actions — the most common source; lenders file lis pendens at the start of every foreclosure lawsuit
• Divorce proceedings — when marital property is disputed
• Partition actions — co-owners seeking a court-ordered sale or division of property
• Boundary disputes — claims of adverse possession or encroachment
• Construction liens (mechanic's liens) — contractors filing to perfect a lien claim
• Estate disputes — challenges to a will or trust distribution involving real property
• Fraudulent transfer claims — a creditor alleging the property was transferred to evade collection

Florida Lis Pendens: Statute Requirements

Florida Statute §48.23 governs lis pendens. To be valid, a notice of lis pendens must:

• Be filed in the circuit court where the property is located
• Be recorded in the Official Records of the county where the property sits
• Name the parties to the action
• Describe the property by legal description (not just street address)
• State the nature of the action and the court case number

Unlike some states, Florida does not require the court's permission before filing a lis pendens if the case "directly affects" the title to real property (e.g., a foreclosure). For cases that only indirectly affect title — such as a money judgment — the plaintiff must post a bond and obtain court approval first.

How Long Does a Lis Pendens Last in Florida?

A Florida lis pendens lasts until:

• The underlying lawsuit is resolved (dismissed, settled, or final judgment)
• A court enters an order discharging or vacating the lis pendens
• The party who filed it records a voluntary release

There is no automatic expiration. A lis pendens filed in a foreclosure case may remain active for years if the foreclosure stalls. Florida's "zombie foreclosure" era after 2008 left thousands of properties with lis pendens notices clouding their titles for five to seven years.

What Happens to a Buyer When a Lis Pendens Exists

Florida law says that anyone who buys or mortgages a property after a lis pendens is recorded takes subject to the outcome of the lawsuit. This means:

• If the lawsuit results in a judgment wiping out the seller's title, the buyer's title is also wiped out
• Title insurance will not protect a buyer who purchases with actual knowledge of a lis pendens (and it's public record, so knowledge is presumed)
• Most lenders will not fund a mortgage while a lis pendens is active

The only exception: a buyer who purchases after a lis pendens expires or is discharged, or who buys in a court-supervised foreclosure sale where the lis pendens is extinguished as part of the sale.

How to Remove a Lis Pendens in Florida

Option 1: Resolve the Underlying Lawsuit

Once the litigation ends — by settlement, dismissal, or final judgment — the recording party or the court should record a satisfaction or release. The title company then confirms the release and issues a clean policy.

Option 2: Motion to Discharge (F.S. §48.23(3))

A property owner can file a motion in the pending lawsuit asking the court to discharge the lis pendens. The court will discharge it if:

• The underlying action does not directly affect the property title
• The plaintiff cannot show a "fair nexus" between the claim and the property
• The plaintiff failed to maintain the action with reasonable diligence

Option 3: Post a Bond

Under F.S. §48.23(3), the owner can post a cash bond or surety bond equal to 150% of the claimed amount. The lis pendens is then transferred to the bond, and the property is freed for sale. The bond substitutes as security for the plaintiff's claim.

Option 4: Wrongful Lis Pendens Claim

If a lis pendens was filed maliciously or without good faith — to harass or block a sale — the property owner can sue for damages including attorney's fees. Florida courts have awarded substantial damages against plaintiffs who used lis pendens filings as litigation weapons without a colorable underlying claim.

Lis Pendens in Florida Foreclosures

In a standard Florida foreclosure, the lender files a lis pendens with the foreclosure complaint. This notice runs with the property throughout the entire foreclosure process, which in Florida averages 18–36 months due to the judicial foreclosure requirement. The lis pendens is extinguished (discharged) when:

• The borrower reinstates the loan or pays in full
• The property sells at the foreclosure auction (clerk's sale)
• The lender accepts a deed in lieu or approves a short sale, which typically requires the lender to release the lis pendens as part of the closing

Finding a Lis Pendens Before You Buy

Your title company or real estate attorney will search the Official Records in the county where the property is located. You can also search yourself through most Florida county clerks' online portals (search by property legal description or owner name). Never skip a title search on any Florida real estate purchase — lis pendens notices and construction liens are exactly what this search is designed to catch.