What is a lis pendens?
A lis pendens is a notice recorded with the county that a lawsuit affecting a property's title is pending. In judicial foreclosure states, the lender's foreclosure suit is often recorded this way, so it is the first public sign of a pre-foreclosure there. Anyone who buys the property afterward takes it subject to the case.
Updated November 2026. A plain-language definition, not legal advice.
How it works
The words are Latin for a pending suit. When someone files a lawsuit that could change who owns a property or what liens it carries, they can record a lis pendens so future buyers and lenders know about it.
In a judicial foreclosure, the lender files suit and records the lis pendens near the start. The case then runs through court until a judge orders a sale or the borrower settles.
A lis pendens can also come from other cases, such as a divorce, a boundary dispute or a contractor lien suit, so read what the case is about before treating it as a foreclosure.
How it differs by state
Foreclosure rules are set by each state. Here is how it works in the three states we cover most closely.
Nevada
Non-judicial
Most Nevada foreclosures are non-judicial, so a notice of default, not a lis pendens, is the usual first filing.
Foreclosure in NevadaUtah
Non-judicial
Most Utah foreclosures are non-judicial, so watch for notices of default instead.
Foreclosure in UtahTexas
Non-judicial
Most Texas foreclosures are non-judicial, so the notice of sale filed with the county clerk is the usual public filing.
Foreclosure in TexasStates that foreclose through the courts
These states mainly use judicial foreclosure. Most others mainly use a trustee sale under a deed of trust.
What to watch
A lis pendens clouds the title. Most title companies won't insure a sale until it is released.
Judicial foreclosures take longer, so a lis pendens can sit on the record for many months.
Questions people ask
What is a lis pendens?
A lis pendens is a notice recorded with the county that a lawsuit affecting a property's title is pending. In judicial foreclosure states, the lender's foreclosure suit is often recorded this way, so it is the first public sign of a pre-foreclosure there. Anyone who buys the property afterward takes it subject to the case.
Does a lis pendens always mean foreclosure?
No. A lis pendens only means a lawsuit affecting the property's title is pending. It is common in judicial foreclosures, but it can also come from divorces, boundary disputes or lien suits.
Related terms
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