What Is a Lis Pendens?

A lis pendens — Latin for 'litigation pending' — is a recorded notice that a lawsuit affecting real property is in progress. It tells the public that any judgment awarded in the legal action will have priority as of the date the lis pendens was recorded. Some attorneys file a lis pendens specifically to create a cloud on title and prevent a potential sale of the property.

A lis pendens gives constructive notice of a pending lawsuit relating to real property or affecting the title or right of possession. It is recorded in the County Recorder's Office where the property is located, either at the time the complaint or cross-complaint is filed, or at any time thereafter. Once recorded, the lis pendens provides constructive notice not only of its contents but also of facts about the action that could be discovered by reasonable inquiry.

A lis pendens creates a cloud on title that can render the property unmarketable. It remains in effect as long as the underlying action is pending, unless it is voluntarily withdrawn or expunged by court order. However, caution should be exercised even after removal, since the potential for litigation still exists.

Grounds for expungement include: (1) the underlying action does not affect title to or right of possession of the described property, or (2) the lawsuit was not commenced or prosecuted for a proper purpose and in good faith. The court may also order expungement — even if the property claim appears valid — if adequate relief can be secured by posting a bond sufficient to indemnify the claimant. A certified copy of the expungement order may not be recorded until the appeal period has expired.

Lis pendens are commonly encountered in divorce situations and boundary disputes across the South Bay. Team Goeglein at Fidelity National Title identifies lis pendens on every preliminary title report and works with agents and attorneys to obtain the withdrawal or expungement needed to clear title before closing.