What Is a Lis Pendens and Why Should You Care
If you are trying to sell your property fast and someone just told you there is a lis pendens attached to it, I know that feeling of your stomach dropping. That happened to a friend of mine a few years back. He was ready to close, the buyer was excited, and then the title company found a lis pendens notice recorded at the county office. The deal almost fell apart that same week.
So what exactly is it? The term lis pendens comes from Latin and it means suit pending. It is an official public notice, filed with the county recorder, that a lawsuit has been filed involving your property. Once it is recorded, it becomes part of your property title history and creates what people in real estate call a cloud on the title.
That cloud does not take away your ownership. But it does make it very hard to sell or refinance. Most buyers and lenders will walk away the moment they see it. According to real estate data from ATTOM, there were over 322,000 foreclosure filings in the US in 2024, many of which include lis pendens as part of the process. So this is not a rare problem. Many sellers face it.
Common Reasons a Lis Pendens Gets Filed
There are several reasons why a lis pendens might show up on your property. The most common one is a foreclosure action filed by a lender when a homeowner falls behind on mortgage payments. But that is not the only one.
Here are the most frequent reasons a lis pendens ends up on a property:
- Foreclosure by a mortgage lender or bank
- Divorce proceedings where the division of property has not been settled
- Inheritance disputes among heirs who disagree on ownership
- Unpaid property taxes where the government files a claim
- Contract disputes involving construction work or unpaid contractor liens
- HOA delinquency where the association starts legal action
- Quiet title actions where someone challenges who truly owns the land
Knowing which type of lis pendens you are dealing with matters a lot. A foreclosure situation is different from a contested divorce, and the steps you take will look different depending on the cause. Always start by pulling a title report so you know exactly what was filed, who filed it, and when.
How a Lis Pendens Affects Your Ability to Sell Fast
Here is the honest reality. A lis pendens does not stop you from legally listing your property. You still own it. But the moment a traditional buyer or their lender sees that notice in the title search, they will likely back out. The reason is simple: they do not want to buy a property and then get pulled into someone else’s lawsuit.
Even if the underlying issue is small, the perception of risk makes your home look like a distressed property. Title companies will flag it. Lenders will refuse to fund the loan. And most regular buyers do not have the stomach for that kind of uncertainty.
This is why sellers in this situation almost always end up dealing with a much smaller pool of buyers, usually cash buyers or real estate investors who specialize in distressed properties. Those buyers will typically ask for a steep discount to make up for the risk they are taking on.
Your Options for Moving Forward With the Sale
The good news is that you are not stuck. There are real paths forward, even if they require some work. I have seen sellers successfully move past a lis pendens and close quickly when they knew which option matched their situation.
Option 1: Get the Lis Pendens Removed or Expunged
This is often the best long-term move if you want to sell to a traditional buyer at full market value. If the person who filed the lis pendens does not have a strong legal case, or if the lawsuit does not actually involve a genuine ownership interest in the property, you can file a motion to expunge in court.
Your real estate attorney will argue that the filing was improper or that the lawsuit does not qualify for a lis pendens under state law. According to the Florida Bar Journal, courts can and do remove lis pendens filings that were made without a valid legal basis. In California, similar protections exist and courts have awarded attorney fees to property owners in cases where the filing was found to be improper.
This process takes time, anywhere from a few weeks to several months. So if your goal is to sell fast, you may need to combine this approach with other steps below.
Option 2: Settle the Underlying Dispute Quickly
Sometimes the fastest way out is to resolve whatever caused the lis pendens in the first place. If it is a past-due mortgage, you may be able to negotiate a payoff or short sale arrangement with the lender. If it is a contractor dispute, paying what is owed can remove the filing fairly quickly.
Divorce cases are trickier, but even then, once both parties sign a settlement agreement that addresses the property, the lis pendens can be withdrawn. The filing party typically has to sign a release and record it at the county office to clear the title cloud.
The key is not to ignore it or wait it out. Every week the lis pendens stays on record, you are losing time and potentially losing buyers who might have worked with you.
Option 3: Sell to a Cash Buyer or Real Estate Investor
If speed matters more than getting top dollar, selling to a cash buyer or real estate investor is often the fastest path. These buyers do not need mortgage approval, so they are not blocked by lender requirements. They are used to dealing with clouded titles and legal complications, and many will buy the property as-is while the lawsuit is still active.
Yes, you will likely sell below market value. But you also avoid months of court delays, ongoing legal fees, and the stress of a property that just sits on the market with no offers. For many sellers, the certainty of a fast close is worth the trade-off.
If you are in that position right now, talking to a team that specializes in buying homes in complex situations is a smart first move. You can reach our team directly on the Contact Us page to get a no-obligation cash offer, even if your property has a lis pendens attached.
What You Must Disclose to Buyers
This part is non-negotiable. If your property has a lis pendens, you are legally required to disclose it to potential buyers. It is already part of the public record and will show up in any title search, so trying to hide it is not just unethical, it can expose you to serious legal trouble.
The Legal Side of Disclosure Requirements
In California and most other states, seller disclosure laws require you to inform buyers of any known legal actions or claims that could affect the property. A lis pendens fits squarely into that category. Your real estate agent or attorney can help you prepare the right documentation to make this disclosure properly.
Being upfront about it also builds trust with serious buyers, especially those who understand what a lis pendens means and are willing to work with you anyway. Hiding it, on the other hand, can result in the deal being rescinded even after closing if the buyer discovers you knew about it.
You can also look at how other sellers have handled similar situations. Our post on how to remove a cloud on your title before selling your LA home covers related steps that may apply to your situation as well.
Working With a Real Estate Attorney Before Listing
Before you do anything else, talk to a real estate attorney. This is not optional advice. It is the single most important step you can take. An attorney can review the lis pendens filing, assess the strength of the underlying lawsuit, and tell you whether pursuing expungement makes sense for your timeline.
They can also help you understand your rights if someone filed the lis pendens without a valid claim. Courts in many states have ruled that a lis pendens can be misused to harass sellers or force a quick settlement. If that is happening to you, there may be legal remedies available, including recovering your attorney fees from the person who filed it improperly.
Comparing Your Selling Options Side by Side
Choosing the right path depends on your timeline, the nature of the lawsuit, and how much money you are willing to spend on legal fees. Here is a quick breakdown to help you think it through.
| Option | Timeline | Potential Sale Price | Legal Help Needed |
|---|---|---|---|
| Expunge the Lis Pendens | Weeks to months | Full market value | Yes, required |
| Settle the Dispute | Varies by case | Near market value | Strongly recommended |
| Sell to Cash Buyer | Days to weeks | Below market (discount) | Optional but helpful |
| Wait for Court Resolution | Months to years | Depends on outcome | Yes, required |
If you have already tried to remove the lis pendens and it has not worked, or if the lawsuit is going to take a long time to resolve, selling to a cash buyer is often the most practical option. You get certainty, speed, and you avoid the property sitting idle while legal costs pile up.
We have also worked with sellers dealing with foreclosure situations where time was critical. If that sounds like your situation, you might find our guide on selling a house with a Notice of Default filed in LA County very helpful as well.
How to Search for a Lis Pendens on Your Property
If you are not sure whether your property has a lis pendens on it, you can check fairly easily. You do not need to hire anyone to do this initial step.
Free Ways to Check Your Property Records
You can search for a lis pendens through your local county recorder or county clerk office. Most counties now have this available online. In California, for example, you can search LA County property records through the county assessor or recorder website at no cost. The search will show you any liens, notices, or lis pendens filings recorded against your address or Assessor Parcel Number (APN).
You can also request a title report from a title company. They will do a full title search and show you everything on record. Some companies offer this for free if you are actively planning to sell. Another option is asking your real estate agent to pull the title history as part of a listing consultation.
According to the HomeLight real estate guide, even if a seller is unaware of a lis pendens at the time of listing, it will surface when the buyer or lender orders a title report. So it is always better to find it early and deal with it on your terms.
If you also have questions about related title issues, our blog on California partition actions when co-owners disagree covers situations where ownership disputes complicate the selling process.
When to Involve a Title Company Early
If you are serious about selling, involving a title company early is one of the smartest moves you can make. They can spot not just the lis pendens but any other issues hiding in your title history. Mechanics liens, judgment liens, easement disputes, they will find all of it.
Getting a clean title, or at least understanding what stands in the way of one, puts you in a much stronger position whether you go the traditional route or decide to sell to an investor. Buyers want certainty, and a title company helps create that picture for everyone involved.
Conclusion
A lis pendens feels like a roadblock, and honestly, it is. But it is not a dead end. Whether you work to get it removed through the courts, settle the dispute directly, or sell to a cash buyer who understands the situation, there is a path forward.
The worst thing you can do is ignore it. The filing sits on your title, buyers walk away, and time works against you. Take action early, get legal advice, and know your options before the situation gets worse.
If you want to talk through your situation with someone who buys properties in exactly these kinds of circumstances, reach out to us today. We work with homeowners across Los Angeles and California who need to sell fast, even when the title is not clean.
Frequently Asked Questions
Can I sell my house if it has a lis pendens on it?
Yes, you can legally sell a property with a lis pendens attached. You still own the property and can list it for sale. The challenge is finding a buyer willing to move forward. Most traditional buyers and mortgage lenders will not proceed because of the legal uncertainty. Your best options are cash buyers, real estate investors, or resolving the underlying lawsuit before listing on the open market.
How long does a lis pendens stay on a property?
A lis pendens stays on the property until the underlying lawsuit is resolved or the filing party voluntarily withdraws it. In some states, there are expiration rules, but in many cases including California, it can remain on record for years if the lawsuit drags on. The longer it stays, the harder it becomes to sell through traditional channels.
What is the difference between a lis pendens and a lien?
A lien is a financial claim against your property for money owed. A lis pendens is a notice that a lawsuit is pending, not necessarily a financial claim. However, both create clouds on the title and can prevent a clean sale. Courts have noted that a lis pendens is not considered a significant property interest on its own, but it still has very real practical effects on your ability to sell.
Do I have to tell buyers about the lis pendens?
Yes, absolutely. You are legally required to disclose a lis pendens to any potential buyer. It is a public record and will be discovered during the title search anyway. Failing to disclose it can expose you to legal liability after the sale closes. Always work with your real estate attorney to make sure the disclosure is done correctly and in writing.
Can a lis pendens be filed unfairly or fraudulently?
Unfortunately, yes. Some people file a lis pendens without a valid legal claim, using it as a pressure tactic to force a quick settlement or block a sale. If you believe the filing was improper, your attorney can file a motion to expunge it. Courts take this seriously, and if the filing is found to be unjustified, the person who filed it may be ordered to pay your legal fees and face other penalties.