A lis pendens was filed on your home. You still have options.
Find out where you stand and what you can do next, wherever you are in Florida. Free, confidential, no pressure.
See your options in 60 seconds
Answer a few quick questions. A local specialist will review your situation for free.
What is a lis pendens?
A lis pendens (Latin for "pending lawsuit") is a public legal notice filed with the county clerk. It shows that a lawsuit has been started involving the ownership or title of a specific property. In Florida, it is commonly filed by:
- Mortgage lenders beginning foreclosure proceedings, or
- Homeowners associations (HOAs) trying to collect unpaid dues or assessments.
Once recorded, the lis pendens becomes part of the property's official record. It works as a legal warning to potential buyers, lenders and title companies that the property is involved in a dispute. It places a "cloud" on the title, which makes it very difficult to sell or refinance the home until the issue is resolved.
Why a lis pendens happens
A lis pendens is not a random filing. It usually results from a financial or legal issue involving the property. The two most common reasons:
Missed mortgage payments
When a homeowner falls behind on their mortgage, the lender typically files a lis pendens as the first formal step in the foreclosure process. This doesn't mean the home is lost. It means legal action has begun, and the lender is signaling its intent to take back the property unless the issue is resolved.
Unpaid HOA or condo association fees
Homeowners and condo associations can also file a lis pendens if dues, special assessments or fees are not paid. These associations have the legal power to pursue foreclosure, just like a bank.
In both cases, the filing is a legal notice that your property's title is in dispute and may be affected by court action.
What a lis pendens means for you
A lis pendens doesn't mean your home is lost, but it does mean time is critical. Once it's filed, the legal process has started, and ignoring it can lead to foreclosure and a sale at auction.
Your title is clouded
You likely can't sell or refinance until it's resolved.
Your credit may be affected
Lenders and credit agencies may see the filing as a sign of financial distress.
You have limited time
Timelines vary, but in Florida the process can move quickly if no action is taken.
Florida foreclosure timeline
A typical, uncontested judicial foreclosure, from Day 0 (lis pendens filed) to title transfer. Actual timeframes vary when the homeowner contests the case, requests loss mitigation, files bankruptcy, or when the court docket is backlogged.
- Day 0
Lis pendens & foreclosure complaint filed
The lender's attorney records the lis pendens and starts the lawsuit.
- Day 1–10
Service of process
The homeowner is formally served (personal delivery, certified mail or publication).
- Day 20
Answer deadline
The homeowner must file an answer or responsive motion within 20 days of service.
- Day 30–60
Default or case management
If no answer is filed, the clerk enters a default and the lender moves for summary judgment. Contested cases go to discovery or mediation.
- Day 60–90
Summary judgment hearing / trial setting
The judge hears the lender's motion or sets a trial date.
- Day 90–120
Final judgment of foreclosure
The judge signs the judgment and sets a sale date 20–35 days out.
- Day 110–140
Notice of sale published
The clerk advertises the auction once a week for two consecutive weeks.
- Day 120–155
Foreclosure auction
The highest bidder posts 5% immediately and pays the balance by the next business day.
- Day 130–165
Certificate of sale, then certificate of title
The clerk issues the certificate of sale promptly and the certificate of title about 10 days later, absent objections.
- Day 135–180
Writ of possession / eviction
If the former owner hasn't moved out, the new owner obtains a sheriff's writ and takes possession.
The median total time for an uncontested Florida foreclosure is roughly 135 days. Contested cases, bankruptcy filings or loss mitigation reviews can extend the process by months or even years.
What options do you have?
Every homeowner's situation is different, but these are the most common options when facing a lis pendens:
Bring payments current
If you can pay the past-due amount, the case may be dismissed and the lis pendens removed.
Best if: you can catch up on what's owed.
Work out a payment plan
Some lenders and HOAs are willing to negotiate payment plans or settlements, especially if you act early.
Best if: your income can support the home going forward.
Sell the property
If you have equity, selling your home can often stop the legal process, help limit further damage to your credit, and give you a clean exit. Our team specializes in these sales, often at no cost to you.
Best if: you have equity or want a fresh start.
Challenge the filing
If the filing is inaccurate or invalid, you may be able to contest it legally. This usually requires an attorney.
Best if: you believe the filing contains errors.
What to do next
If you've found that a lis pendens has been filed against your property, or you think one may be coming, here's a suggested action plan:
- Check the public record using your county's website (see the links below).
- Read any notices you've received from your lender, HOA or attorney.
- Contact a real estate professional who understands the local market and the lis pendens process.
- Explore your options early, whether that's catching up, negotiating or selling.
- Don't wait until the foreclosure is final. Solutions are more effective the earlier you act.
How to check if a lis pendens was filed
Many homeowners already know about a lis pendens because they've received notices from their lender or HOA. In some cases, it comes as a surprise. You can check by searching public court or land records through your county clerk.
Northwest Florida county search tools:
Most of these sites let you search by name, address or legal description. Look for document types like Lis Pendens, Notice of Default or Foreclosure Complaint.
Meet your local team
Based in Northwest Florida. We've helped hundreds of Florida homeowners through this exact situation, with no upfront costs, no pressure, and deep local knowledge.
Lars Rygaard
Broker Associate
Luis Perez
Transaction Manager
Questions homeowners ask
Can I still sell after a lis pendens?
Often, yes. A lis pendens clouds the title, but if you have equity, selling the home can often stop the legal process and give you a clean exit. Timing matters, so it's best to start early, before a final judgment and sale date are set. Our team specializes in these sales.
Does it cost anything?
No. Your options review is free and confidential, with no upfront costs and no pressure. If you decide to sell, our help is often at no cost to you.
How long before an auction?
In a typical uncontested Florida foreclosure, the auction happens roughly 120 to 155 days after the lis pendens is filed. Contested cases, bankruptcy filings or loss mitigation reviews can extend that by months or longer. See the timeline above for each step.
What if I owe more than the home is worth?
You may still have options. Depending on your lender and situation, that could include negotiating with the lender or other alternatives to foreclosure. A local real estate professional can walk you through what may be available, and a Florida attorney can advise you on the legal side.