To get around a lis pendens in Florida, you can challenge the notice, resolve the lawsuit behind it, or in some cases move the claim onto a bond or deposit. Which route fits turns on the facts. A lis pendens is a notice recorded in county records that a lawsuit involving a property is pending. It can stop a sale or refinance at the worst possible moment. This guide explains what the notice does, how to check it, and what each option involves. Eduardo A. Maura is the lawyer responsible for this page.
What a Lis Pendens Is and What It Does in Florida
A lis pendens is a notice recorded in the county’s public records. It says a lawsuit affecting title to specific real property is pending. Its job is to warn anyone who searches those records.
The notice does not decide who owns the property. It does not decide who wins the case. A judge decides that later, as the lawsuit moves forward. The notice simply makes the dispute visible.
Florida law sets the rules for filing, recording and removing these notices. The notice follows the land, not just the people in the lawsuit. A new owner or lender who deals with the property usually inherits the question.
This often surprises business owners. A co-owner or partner may sue over who controls a building. A contractor may sue over unpaid work on a property. Either case can lead to a notice that shows up in a title search, even when the company thought the fight was only about money.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Why a Lis Pendens Stops Sales and Refinancing
A recorded notice clouds the title. That puts a question mark over who can sell or borrow against the land. The question stays until the case ends or the notice is removed.
Title companies search county records before a sale or loan closes. When they find a notice, they usually flag it. Many title insurers and lenders will not close until the notice is resolved or cleared.
Here are examples from the kinds of matters this firm handles:
- Commercial property: Two partners dispute control of an office building. One records a notice, and the company cannot refinance its loan.
- Construction: A subcontractor sues to foreclose a lien for unpaid work. The owner tries to sell, and the buyer’s lender asks about the notice.
- Real estate: A buyer and seller dispute an easement or the terms of a purchase. The closing date passes while the question stays open.
The impact turns on the property, the claim and the parties involved. A notice on a small lot raises different issues than one on a large commercial parcel.
Checking Whether the Lis Pendens Is Properly Filed
Start by reading the notice closely. Check the case number, the court, the names of the parties and the legal description of the land. Make sure the owner named matches the current owner of record.
Next, compare the notice with the complaint, the document that starts the lawsuit. Ask whether the complaint actually claims an interest in this property. A claim for money alone may not affect title. A claim asking for ownership, possession or a lien on the land usually does.
Timing matters too. Under § 95.12, no action to recover real property may be maintained unless the claimant, or a predecessor or grantor, was in possession of the land within 7 years before the action began. That limit can matter when a notice is tied to an old claim.
Common mistakes include:
- Relying on the notice alone without reading the complaint.
- Assuming a notice is proper because it was recorded. Recording shows the notice exists. It does not prove the notice is valid.
- Missing a wrong legal description or owner name, which can be a basis for challenge.
Ways to Challenge, Dissolve or Release a Lis Pendens
The main routes are a motion to dissolve, a bond or deposit where the law allows, resolution of the lawsuit, and a negotiated release. Each works differently.
Motion to dissolve. You ask the court to remove the notice because the lawsuit does not really affect title. This route fits best when the complaint seeks only money, or the notice is defective.
Bond or deposit. Florida’s judgment-lien statute, section 55.10, governs when a judgment becomes a lien and how a claim of lien may be transferred to a bond or deposit. Under § 55.10, the security is a sum of money deposited with the clerk or a bond filed with the clerk, executed as surety by a surety insurer licensed to do business in this state. It must equal the claim, plus interest at the legal rate for 3 years, plus $500 for court costs. That rule comes from the judgment-lien statute, not the lis pendens process. Whether a bond helps with your notice is a question to review with a lawyer.
Resolution of the lawsuit. A dismissal, judgment or settlement ends the case. A recorded release or court order then clears the title. Mediation can help get there. Under § 44.102, a court must refer many civil actions for money damages to mediation when one party asks, if that party can pay or the costs can be fairly split. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.”
Negotiated release. The parties can agree in writing to release the notice. That release is then recorded in county records.
Each route depends on the facts and on the court’s rulings.
The Process of Removing a Lis Pendens in Florida
Removing a notice usually means filing a motion in the court where the underlying case is pending. The judge then decides whether the notice should stay.
The typical sequence runs like this:
- Identify the court and the judge assigned to the case.
- Prepare the motion with the recorded notice, the complaint and the deed.
- Serve the motion on the other side.
- Attend the hearing, if the court sets one.
- Under section 55.10(1), a judgment, order or decree becomes a lien when a certified copy is recorded in the county’s public records and either the order contains the address of the person who has the lien or an affidavit with that address is recorded at the same time.
Recording matters. A title company relies on an order it can find in the records. Timing varies by court and case posture, so plan for delay.
Fees need a clear view too. Under Florida law, each party generally pays its own attorney’s fees unless a contract or statute provides otherwise, as the Florida Supreme Court explained in Price v. Tyler. A challenge usually does not recover your fees on its own. A sanctions motion must be served first and cannot be filed unless the challenged paper is not withdrawn or corrected within 21 days.
What Happens If a Lis Pendens Is Ignored
Ignoring a lis pendens does not make it go away. The notice stays in the records and keeps affecting sales and loans until someone removes it.
The lawsuit keeps moving, too. Deadlines in the case still apply, even when the notice feels unfair. If you don’t respond to filings, the court can rule without your side. Those rulings can affect the property itself.
Waiting until the closing date is a common mistake. By then, buyers and lenders have less room to work around the issue. Responding early keeps more options open, including challenging the notice, posting a bond where the law allows, or negotiating a release.
Can I sell a house with a lis pendens on it?
Usually not while the notice stays on record. Title companies generally want it cleared before closing.
Does a lis pendens mean foreclosure?
Not by itself. It signals a pending lawsuit about the property. That lawsuit may involve foreclosure, a lien or a title dispute.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Talk Through Your Lis Pendens With Our Real Estate Litigation Team
A recorded notice often arrives during a sale, refinance or dispute nobody planned. If you’re reading this for a business partner or a family member, you may be the one who has to act on it.
Bring these documents to your first conversation:
- The recorded notice, if you have a copy
- The complaint or summons, if available
- The deed to the property
- Any purchase, loan or partnership papers
Eduardo A. Maura is the lawyer responsible for this page. Our office is at 1646 W Snow Ave in Tampa, Florida. From the firm’s only office, at 1646 W Snow Ave in Tampa, Ayala Law PA handles business and real estate disputes for companies and property owners whose matters arise in Tampa and Hillsborough County. Case reviews are subject to the firm’s fee arrangements, which we explain when you call.
This page is general information, not legal advice. Outcomes turn on the facts of each case, and no result can be predicted from this guide.
If a notice has landed on property tied to your business or your deal, call (305) 570-2208 or send us a message through our contact page.
