Lis Pendens
Lis pendens is a legal notice of pending litigation on property title. Learn how it affects sales and why buyers should investigate.
Definition
Lis pendens, Latin for "suit pending," is a public notice filed with the county recorder indicating that a lawsuit has been filed concerning property ownership or a claim against the property. The notice alerts potential buyers and lenders that the property’s title is subject to litigation and may be encumbered by the lawsuit’s outcome. While lis pendens does not prevent a sale, it discourages buyers and lenders from proceeding until the legal dispute is resolved. Sellers with a lis pendens on title may need to clear the legal matter before closing.
Why It Matters
A lis pendens is a public flag that someone is suing over the property, and its practical effect is to freeze the sale. Title companies will not insure around it and lenders will not fund into it, so a listing can be technically for sale and completely untransferable at the same time. Anyone who buys anyway takes the property subject to whatever the lawsuit decides.
Examples
A divorcing spouse records a lis pendens against a Tacoma home mid-listing, and the pending sale collapses two days before closing because the title company will not issue a policy.
A contractor suing over $40,000 of unpaid work records one alongside a mechanic's lien, which stops the owner refinancing until the claim is resolved.
An heir contesting a will files a lis pendens on an inherited Everett property, holding the estate sale for the length of the probate dispute.
Tips
If you are buying, check the title commitment for a lis pendens before spending money on inspections. It is recorded against the property, so it shows in a standard search.
Recording one without a genuine ownership claim exposes you to a slander of title action. It is a legal filing, not a negotiating tactic.
Getting one removed usually requires either resolving the underlying case or a court order expunging it. Budget months, not weeks, and price the listing accordingly.
Related Terms
Mechanic’s Lien
A mechanic’s lien secures payment for contractors or suppliers on a property. Learn how mechanic’s l...
Quiet Title Action
A quiet title action is a lawsuit to clear title disputes. Learn when to use quiet title actions to ...
Foreclosure
Foreclosure is a legal process that allows lenders to reclaim property when borrowers default. Under...
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