What Is a Lis Pendens?
Complete Foreclosure Guide — Free Help
A lis pendens means your lender has filed a foreclosure lawsuit. It is not the end — it is the beginning of a legal process you can still stop. This complete guide covers every state HOAPnet serves: New York, North Carolina, Florida, South Carolina, Georgia, and Alabama.
About This Guide
Written and reviewed by HOAPnet HOAP Counselors with experience handling foreclosure cases in New York, North Carolina, Florida, South Carolina, Georgia, and Alabama. HOAPnet is a HUD-recognized organization that has assisted thousands of distressed homeowners. All services are provided at zero out-of-pocket cost through the HOAP (Homeowner Assistance Program). This guide is updated regularly to reflect current state law. It is informational only and does not constitute legal advice — consult an attorney for your specific situation.
What Is a Lis Pendens? — Complete Definition
A lis pendens (pronounced "lees pen-denz," Latin for "suit pending") is a formal written notice recorded in the public land records — at the county clerk's or county recorder's office — alerting the world that a lawsuit has been filed that affects title to a specific property. When recorded, it attaches to the property's title chain and becomes part of the public record.
In a foreclosure, the lender's attorney files a lis pendens when commencing the foreclosure lawsuit. Its purpose is to put potential buyers, lenders, title insurance companies, and any other interested parties on notice that the property is involved in active litigation. It does not transfer ownership, force you to leave, or complete the foreclosure — it simply signals that the legal process has begun.
A lis pendens means a foreclosure lawsuit has been filed against your property. It is not a foreclosure judgment. It is not a sale notice. It is the legal beginning of the process — and in most states, you have months or years before any forced sale. You have meaningful options available right now. HOAPnet can help at zero cost.
What Does Lis Pendens Mean Literally?
The Latin phrase lis pendens translates directly to "a suit is pending." In real estate law, it refers specifically to a pending lawsuit that involves a claim to the title, possession, or use of a piece of real property. In New York, the document is formally called a Notice of Pendency (CPLR § 6501 et seq.). In Florida, it is governed by Florida Statute § 48.23. In other states the terminology and procedures vary — but the core concept is the same.
When Is a Lis Pendens Filed Beyond Foreclosure?
While foreclosure is by far the most common context, a lis pendens can also be filed in:
- Partition actions — disputes between co-owners about dividing property
- Divorce proceedings — where one spouse challenges distribution of real estate
- Mechanic's lien actions — contractors unpaid for work performed on a property
- Estate/probate disputes — heirs contesting property distribution
- Real estate contract disputes — where a buyer seeks specific performance
- Unpaid HOA dues, property taxes, or condominium common charges
- Quiet title actions and easement disputes
If you received a lis pendens in a non-foreclosure context, consult a real estate attorney. HOAPnet specifically assists with foreclosure-related lis pendens situations.
How a Foreclosure Lis Pendens Works
Understanding the mechanics of a lis pendens helps you understand exactly what stage you are at — and why you still have time to act.
The Filing Process
When a lender decides to pursue foreclosure, their attorney prepares and files three documents simultaneously: (1) a Summons, (2) a Complaint, and (3) the Lis Pendens. The lis pendens is recorded at the county clerk's or recorder's office — creating a public record tied directly to the property's parcel number and legal description. This happens before you are even served with the lawsuit in many cases.
What It Does to Your Title
Once recorded, the lis pendens creates what lawyers call a "cloud on title." This means:
- Title searches will show the lis pendens immediately
- Title insurance companies will flag the property
- Conventional lenders will refuse to refinance the property
- Standard buyers and their agents will be aware of the litigation
- Any buyer who purchases the property after the lis pendens is recorded takes it subject to whatever the court decides — meaning if the lender wins, that buyer could lose the property
Judicial vs. Non-Judicial Foreclosure: Why It Matters
The use of a lis pendens is closely tied to whether your state uses judicial or non-judicial foreclosure. This is one of the most important distinctions for homeowners to understand — it determines your timeline and your legal rights.
| State | Foreclosure Type | Lis Pendens Required? | Typical Timeline (from default) | Key Homeowner Protection |
|---|---|---|---|---|
| New York | Judicial | Yes — Notice of Pendency required | 18–36 months | Mandatory Settlement Conference |
| Florida | Judicial | Yes — filed with court | 6–18 months | Right to contest, loss mitigation review |
| South Carolina | Judicial | Yes — lis pendens recorded | 6–12 months | Deficiency judgment rules |
| North Carolina | Non-Judicial | Not typically required | 60–120 days | Right of upset bid (10 days) |
| Georgia | Non-Judicial | Not typically required | 37–60 days | Right of redemption (1 year) |
| Alabama | Non-Judicial | Not typically required | 49–90 days | Right of redemption (1 year) |
Key insight: In non-judicial states like NC, GA, and AL, lenders don't need to file a lis pendens because there is no lawsuit — the foreclosure happens through a statutory notice process. However, you may still see or hear the term "lis pendens" informally. More importantly, the speed of the process means you must act even faster in these states. HOAPnet serves all six states.
State-by-State Lis Pendens & Foreclosure Guide
HOAPnet serves homeowners in six states. Here is exactly how the lis pendens and foreclosure process works in each one — with timelines, legal rules, and what you need to know.
New York — Notice of Pendency (Lis Pendens)
Judicial ForeclosureNew York is a judicial foreclosure state — meaning lenders cannot foreclose without going to court. The lis pendens (formally called a Notice of Pendency under CPLR § 6501) is mandatory and is filed at the county clerk's office at the start of the foreclosure lawsuit. It must be on file for at least 20 days before a judgment of foreclosure and sale can be entered.
The NY lis pendens process: The lender files the Notice of Pendency, Summons, and Complaint simultaneously. You are then served with the Summons and Complaint. You have 20 days (personal service) or 30 days (mail service) to file an Answer. New York law (CPLR § 3408) requires a mandatory settlement conference where you and the lender must negotiate in good faith — this is your most powerful opportunity to reach a loan modification or other resolution. The typical timeline from lis pendens filing to foreclosure sale in New York is 18 to 36 months.
A New York lis pendens is effective for 3 years from the filing date and can be extended by the lender's attorney before it expires.
Counties served by HOAPnet in NY: Suffolk County · Nassau County · Queens County · Kings County (Brooklyn) · New York County (Manhattan) · Bronx County · Richmond County (Staten Island) · Westchester County · Rockland County · Orange County · Putnam County · Dutchess County · Ulster County · Albany County · Erie County · Monroe County · and all other NY counties.
Key cities: New York City · Long Island (Ronkonkoma, Brentwood, Hempstead, Huntington, Bay Shore, Patchogue, Babylon, Copiague, Amityville, Freeport, Valley Stream, Elmont) · Buffalo · Rochester · Yonkers · Syracuse.
North Carolina — Non-Judicial Foreclosure (Power of Sale)
Non-Judicial ForeclosureNorth Carolina uses a non-judicial (power of sale) foreclosure process governed by N.C. Gen. Stat. § 45-21 et seq. Because there is no lawsuit required, a formal lis pendens is generally not filed in NC foreclosures. Instead, the lender files a Notice of Hearing with the clerk of court at least 45 days after sending a pre-foreclosure notice to the borrower.
The NC process: The borrower receives a pre-foreclosure notice containing lender contact information, the amount needed to cure the default, and contact information for HUD-approved counseling agencies (required under N.C. Gen. Stat. § 45-102). The lender then files a Notice of Hearing. A clerk of court hearing is held where the lender must prove the right to foreclose. If approved, a foreclosure sale is scheduled with at least 20 days' published notice. After the sale, there is a 10-day upset bid period during which any party can make a higher bid.
If you receive foreclosure notices in NC, you must act within the 45-day pre-foreclosure window. HOAPnet can help you apply for loan modification, request mediation through the NC court system, negotiate a short sale, or connect you with a foreclosure defense attorney.
Counties served in NC: Mecklenburg · Wake · Guilford · Forsyth · Cumberland · Durham · Buncombe · Gaston · Onslow · New Hanover · and all 100 NC counties.
Key cities: Charlotte · Raleigh · Greensboro · Durham · Winston-Salem · Fayetteville · Cary · Wilmington · High Point · Concord · Asheville.
Florida — Lis Pendens in Judicial Foreclosure
Judicial ForeclosureFlorida is a judicial foreclosure state governed by Florida Statute § 702. A lis pendens is filed by the lender's attorney with the county public records at the start of the foreclosure lawsuit. Under Fla. Stat. § 48.23, there are two types: lis pendens of right (based on a recorded instrument like a mortgage, requiring no bond) and garden variety lis pendens (not based on a recorded instrument, requiring court discretion and potentially a bond).
The FL process: The lender files the lis pendens and complaint with the circuit court. You are served and have 20 days to respond. Florida foreclosure proceedings can be defended, and loss mitigation is required before final judgment. Timeline from lis pendens to sale is typically 6–18 months. Florida does not have a post-sale right of redemption — you must act before the foreclosure sale is confirmed.
To remove or dissolve a lis pendens in Florida, the property owner can file a motion to dissolve, post a bond, or resolve the underlying foreclosure through a workout, short sale, or deed-in-lieu.
Counties served in FL: Miami-Dade · Broward · Palm Beach · Hillsborough · Orange · Pinellas · Duval · Lee · Polk · Brevard · Volusia · Pasco · Sarasota · and all 67 FL counties.
Key cities: Miami · Orlando · Tampa · Jacksonville · Fort Lauderdale · St. Petersburg · Hialeah · Port St. Lucie · Cape Coral · Pembroke Pines · Hollywood · Miramar · Gainesville.
South Carolina — Judicial Foreclosure with Lis Pendens
Judicial ForeclosureSouth Carolina uses judicial foreclosure. The lender must file a lawsuit in state court and obtain a court order before proceeding with a foreclosure sale. A lis pendens is typically filed with the county Register of Deeds at the commencement of the lawsuit, creating a public record of the pending action.
The SC process: Federal law requires the lender to wait until the loan is more than 120 days delinquent before starting foreclosure. The lender then files a complaint and lis pendens. You are served and must respond. A master-in-equity or circuit court judge handles the case. If the lender wins, a public foreclosure sale is ordered. SC does allow a right of redemption in some circumstances. Timeline is typically 6–12 months.
Counties served in SC: Greenville · Richland · Lexington · Charleston · Spartanburg · Horry · York · Anderson · Pickens · Beaufort · and all 46 SC counties.
Key cities: Columbia · Charleston · Greenville · North Charleston · Rock Hill · Spartanburg · Myrtle Beach · Conway · Sumter · Florence · Hilton Head.
Georgia — Non-Judicial Foreclosure (Power of Sale)
Non-Judicial · Fast TimelineGeorgia uses non-judicial foreclosure by power of sale under O.C.G.A. § 44-14-162 et seq. No court order is required. The process is one of the fastest in the nation — a lender can complete a foreclosure in as little as 37 days from the notice of default. A formal lis pendens is not part of the standard process, but public notice is required.
The GA process: The lender must provide written notice to the borrower at least 30 days before the sale. Notice of the sale must be published once a week for four consecutive weeks in the county's official newspaper. The foreclosure sale takes place on the first Tuesday of the month. Georgia does provide a 1-year right of redemption after sale for the original owner (subject to conditions), giving you the right to repurchase the property by paying the sale price plus interest and costs. Act immediately — 37 days goes very fast.
Counties served in GA: Fulton · Gwinnett · Cobb · DeKalb · Chatham · Cherokee · Forsyth · Hall · Henry · Clayton · Richmond · and all 159 GA counties.
Key cities: Atlanta · Augusta · Columbus · Macon · Savannah · Athens · Sandy Springs · Roswell · Albany · Marietta · Warner Robins · Alpharetta · Johns Creek.
Alabama — Non-Judicial Foreclosure (Power of Sale)
Non-Judicial ForeclosureAlabama uses non-judicial foreclosure by power of sale under Ala. Code § 35-10-1 et seq. No court involvement is required. A formal lis pendens is not part of the standard process. The lender sends a notice of default and then publishes a notice of foreclosure sale for 3 consecutive weeks in a newspaper in the county where the property is located. Timeline from notice to sale is typically 49–90 days.
The AL process: Federal law still applies — lenders must wait until the loan is 120+ days delinquent. The lender sends written notice and publishes the sale notice. The sale occurs at the time and place stated in the notice, typically at the county courthouse. Alabama provides a 1-year right of redemption after the foreclosure sale, allowing the homeowner (or certain other parties) to repurchase the property by paying the sale price plus interest. This right is valuable and should be discussed with HOAPnet or an attorney immediately after sale.
Counties served in AL: Jefferson · Mobile · Madison · Montgomery · Shelby · Tuscaloosa · Baldwin · Lee · Calhoun · Etowah · and all 67 AL counties.
Key cities: Birmingham · Montgomery · Huntsville · Mobile · Tuscaloosa · Hoover · Dothan · Auburn · Decatur · Madison · Florence · Bessemer.
Received a foreclosure notice in any of these states?
HOAPnet HOAP Counselors respond same-day — free to homeowners in NY, NC, FL, SC, GA & AL.
What Does a Lis Pendens Do to Your Property?
A recorded lis pendens creates several immediate legal and practical effects. Understanding these helps you take the right steps quickly.
Anyone running a title search will immediately see it. This prevents a sale to an unknowing buyer while litigation is in progress — by design.
Title insurance companies will flag the property. Conventional buyers cannot obtain title insurance — making a standard sale difficult without lender cooperation.
Traditional lenders will not approve a new loan on a property with an active lis pendens. Refinancing requires the lis pendens to be resolved first.
Anyone who buys the property after the lis pendens is recorded takes it subject to the lawsuit's outcome. If the lender wins, that buyer's rights are extinguished.
In judicial states, the lis pendens triggers your deadline to file an Answer (typically 20–30 days). Missing this deadline can result in a default judgment.
The lis pendens itself is not reported to credit bureaus. However, the missed payments causing it are — and a completed foreclosure stays on your report for 7 years.
The Full Foreclosure Timeline After a Lis Pendens
This is the typical sequence in a judicial foreclosure state like New York, Florida, or South Carolina. Non-judicial states (NC, GA, AL) move faster — see the state guide above.
Loan Default & Pre-Foreclosure Notice
You miss mortgage payments. After 120 days of delinquency (federal rule), the lender is permitted to initiate foreclosure. You receive pre-foreclosure notices and loss mitigation outreach. This is the best time to contact HOAPnet — options are widest here.
Lis Pendens Filed & Lawsuit Commenced
The lender's attorney files the lis pendens at the county clerk's office and simultaneously files the Summons and Complaint with the court. The lis pendens is now a public record on your property's title.
You Are Served with the Summons & Complaint
A process server delivers the legal papers to you. Your clock starts now — in NY you have 20 days (personal service) or 30 days (mail service) to file an Answer. In FL it is 20 days. File an Answer — always. HOAPnet can connect you with an attorney at no cost.
Mandatory Settlement Conference (New York)
In New York, CPLR § 3408 requires a mandatory settlement conference where you and the lender must negotiate in good faith. This is your most important legal protection — the case cannot proceed to judgment while conferences are ongoing. HOAPnet and legal referrals can accompany you. Multiple conferences may occur over months.
Loss Mitigation Review
During this period, you can apply for a loan modification, forbearance, repayment plan, or other alternatives. Federal law requires the lender to evaluate you for all available options. HOAPnet coordinates this paperwork and follows up with lenders on your behalf at no cost.
Resolution or Foreclosure Judgment
If you reach a resolution — loan modification approved, short sale completed, deed-in-lieu accepted, or reinstatement — the lawsuit is dismissed and the lis pendens is removed. If not, the case proceeds toward a foreclosure judgment and eventual public auction. HOAPnet works hard to keep you out of the judgment stage.
Your 7 Options After Receiving a Lis Pendens
You have real choices — and HOAPnet helps you evaluate and pursue all of them at zero cost.
⚠️ Avoid Foreclosure Rescue Scams: Be extremely cautious of any company that charges upfront fees to "stop your foreclosure," promises results they cannot guarantee, or asks you to sign over your deed. HOAPnet provides all services — modification assistance, short sale coordination, lender negotiations, legal referrals — at absolutely zero cost to the homeowner.
How Is a Lis Pendens Removed?
This is the question every homeowner wants answered. In the vast majority of cases, a lis pendens is removed without a completed foreclosure sale. Here are all the resolution paths and their outcomes:
| Resolution Path | How Lis Pendens Is Removed | Keep Home? | Credit Impact |
|---|---|---|---|
| Loan Modification Approved | Bank files Notice of Discontinuance; lawsuit dismissed | ✅ Yes | Minimal — missed payments only |
| Reinstatement (All Arrears Paid) | Case dismissed upon full payment; lis pendens cancelled | ✅ Yes | Minimal — missed payments only |
| Forbearance / Repayment Plan | Active while plan in force; dismissed on completion | ✅ Yes | Minimal — if plan completed |
| Refinance (New Lender) | New loan pays off old mortgage; lis pendens vacated | ✅ Yes | None (if completed) |
| Short Sale Completed | Lender records satisfaction; lawsuit withdrawn at closing | ⬜ No — voluntary exit | Moderate — 2–4 year recovery |
| Deed-in-Lieu Accepted | Lender accepts deed; lawsuit withdrawn; lis pendens removed | ⬜ No — voluntary exit | Moderate — 2–4 year recovery |
| Bankruptcy (Chapter 13) | Automatic stay halts proceedings; lis pendens paused | ⬜ Possible if plan confirmed | Significant — 7-year BK record |
| Right of Redemption (GA / AL) | Post-sale repurchase; title cleared to homeowner | ⬜ Post-sale only | Severe — foreclosure on record |
| Foreclosure Sale Completed | Title transferred to new owner at auction | ❌ No | Severe — 7 years on report |
Credit Impact of a Lis Pendens & Foreclosure
Many homeowners worry about their credit. Here is what you actually need to know:
The Lis Pendens Itself Does NOT Impact Your Credit
A lis pendens is a public land record — it is not reported to Equifax, Experian, or TransUnion. The filing itself does not appear on your credit report and does not directly lower your credit score. What damages your credit are the underlying missed mortgage payments and, eventually, a completed foreclosure.
Missed Payments — The Real Credit Hit
Each missed mortgage payment is reported to credit bureaus and can lower your score by 50–100+ points. The damage is progressive — the more payments missed, the greater the impact. However, this is recoverable. A loan modification that brings you current, or a short sale that resolves the debt, allows your credit to begin recovering in 2–4 years.
Best-Case Scenarios for Preserving Your Credit
The earlier you act — ideally before or immediately after receiving the lis pendens — the better your credit preservation options. A loan modification that brings the account current, followed by on-time payments, represents the best possible outcome. HOAPnet's highest priority is always to keep you in your home through a sustainable modification.
Don't wait — the earlier you act, the more options you have.
Free, same-day response for homeowners in NY, NC, FL, SC, GA & AL. Call or submit online.
Lis Pendens FAQ — 15 Most Common Questions
These are the questions homeowners ask most after receiving a lis pendens or foreclosure notice — answered honestly and in plain English.
HOAPnet Service Areas — Lis Pendens Help Near You
HOAPnet provides free foreclosure prevention services — including lis pendens response, loan modification, and short sale assistance — throughout the following counties and cities in all six states.
🗽 New York — Lis Pendens Help
Suffolk County · Nassau County · Queens · Brooklyn · Manhattan · Bronx · Staten Island · Westchester · Rockland · Orange · Putnam · Dutchess · Albany · Erie · Monroe
Key cities: Long Island (Brentwood, Hempstead, Bay Shore, Huntington, Amityville, Patchogue, Babylon, Freeport, Valley Stream, Copiague, Elmont, Westbury) · Buffalo · Rochester · Yonkers · Syracuse · White Plains
🌲 North Carolina — Foreclosure Help
Mecklenburg · Wake · Guilford · Forsyth · Cumberland · Durham · Buncombe · Gaston · Onslow · New Hanover · Johnston · Cabarrus · Union · Alamance
Key cities: Charlotte · Raleigh · Greensboro · Durham · Winston-Salem · Fayetteville · Cary · Wilmington · High Point · Concord · Asheville · Gastonia
☀️ Florida — Lis Pendens Help
Miami-Dade · Broward · Palm Beach · Hillsborough · Orange · Pinellas · Duval · Lee · Polk · Brevard · Volusia · Pasco · Sarasota · Collier · Manatee
Key cities: Miami · Orlando · Tampa · Jacksonville · Fort Lauderdale · St. Petersburg · Hialeah · Port St. Lucie · Cape Coral · Pembroke Pines · Hollywood · Gainesville
🌊 South Carolina — Foreclosure Help
Greenville · Richland · Lexington · Charleston · Spartanburg · Horry · York · Anderson · Pickens · Beaufort · Dorchester · Berkeley
Key cities: Columbia · Charleston · Greenville · North Charleston · Rock Hill · Spartanburg · Myrtle Beach · Conway · Sumter · Florence · Hilton Head Island
🍑 Georgia — Foreclosure Help
Fulton · Gwinnett · Cobb · DeKalb · Chatham · Cherokee · Forsyth · Hall · Henry · Clayton · Richmond · Bibb · Carroll · Douglas
Key cities: Atlanta · Augusta · Columbus · Macon · Savannah · Athens · Sandy Springs · Roswell · Albany · Marietta · Warner Robins · Alpharetta · Johns Creek
🌺 Alabama — Foreclosure Help
Jefferson · Mobile · Madison · Montgomery · Shelby · Tuscaloosa · Baldwin · Lee · Calhoun · Etowah · Lauderdale · Limestone · Morgan
Key cities: Birmingham · Montgomery · Huntsville · Mobile · Tuscaloosa · Hoover · Dothan · Auburn · Decatur · Madison · Florence · Bessemer · Phenix City
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