A lis pendens is a notice recorded in the public records that a lawsuit affecting a property is pending. For a business that owns, leases, or is selling commercial property, that notice can stall a closing or refinance long before a court rules on anything. A lis pendens lawyer in Florida should review both the notice and the case behind it. This page explains what the notice does, when it can be challenged or narrowed, and how our team approaches it. Eduardo A. Maura is the lawyer responsible for this page.
What a Lis Pendens Does to a Commercial Property in Florida
A lis pendens tells the public that a case affecting the property is underway. Buyers, lenders, and title insurers check the public records, so many of them will wait until the notice is resolved before they move forward.
A lis pendens is a notice, not a judgment. It doesn’t decide who is right. It only says a claim is pending, which is why it can feel unfair to an owner who learns about it from a title company.
This page is written for owners, LLC managers, co-owners, and businesses facing a closing or refinance. It’s also written for people researching on behalf of a company, a partner, or a family entity who haven’t decided yet whether to get legal help.
If a recorded notice is holding up a sale, refinance, or lease, you don't have to work through it alone. Our team can talk through your options with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
When a Lis Pendens May Be Challenged or Narrowed
Questions about how far a lis pendens notice reaches a property are often worth discussing with a lawyer who handles real estate litigation. Common issues include:
- A claim for money or contract performance that never asks for an interest in the building or land.
- A property description that is wrong or broader than the land actually in dispute.
- A notice that stays on the record after the case behind it has ended.
Construction and contract disputes often lead to these notices, so the type of claim matters. Florida sets clear start dates for construction claims. Under § 95.11 construction deadlines, an action founded on the design, planning, or construction of an improvement to real property is generally subject to a four-year limitations period, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; when the action involves a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence. In any event, an action may not be commenced more than 7 years after that same certificate or abandonment date, whichever is earliest. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” That period runs from the certificate of occupancy or completion, or from abandonment of unfinished work. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” Latent defects can change the start date.
Whether a particular notice can be challenged turns on the pleadings and the underlying facts. We read the recorded notice and the case together before recommending a path.
How a Lis Pendens Can Be Removed or Dissolved
A notice usually comes off the record through a court order, a negotiated release, or the end of the underlying case. The right route turns on the case stage, the claim, and the court.
- Motion to dissolve or discharge. This asks the court where the case is pending to remove the notice.
- Narrowing. This asks the court to limit the notice to the part of the property the claim actually reaches.
- Not a lis pendens tool. Section 55.10 lets a person with an interest in the real property move a judgment lien claimed under that section to a cash deposit or surety bond filed with the clerk. The amount is the sum demanded, plus three years of interest at the legal rate, plus $500 for court costs.
- Negotiated release. Parties sometimes agree to a release tied to a sale or loan date.
What Lis Pendens Defense Covers for Business Property Owners
Lis pendens defense means reviewing the notice and the case behind it, then choosing the motion, narrowing, or release that fits. Our work usually includes:
- Review of the recorded notice, the complaint or demand letter, and the property records.
- Checking the chain of recorded documents. Florida requires certain real estate interests to be created or transferred by a written instrument signed before two witnesses, under § 689.01 real estate conveyances. Fla. Stat. § 689.01 reads: “unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements, or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party’s lawfully authorized agent, or by the act and operation of law; provided, however, that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property.” Under Fla. Stat. § 689.01, no subscribing witnesses are required for a lease of real property or for any instrument pertaining to a lease of real property. Fla. Stat. § 689.01 reads: “unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements, or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party’s lawfully authorized agent, or by the act and operation of law; provided, however, that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property.”
- Preparing motions to dissolve or narrow the notice and handling the hearings that follow.
- Coordinating with title companies, lenders, and buyers’ counsel on what a court order or release must say.
- Defending the underlying business claim, whether it involves a contract, shareholder, partnership, construction, real estate, or international trade dispute.
Venue matters too. Under § 47.011 venue rules, an action must be brought in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents. For property in Hillsborough County, the property’s location is one proper venue.
How the Process Works and What to Expect
The process usually starts with a conversation and a document review, then moves to a choice of motion or release. Here’s the typical sequence:
- Contact us. Share the recorded notice, the complaint or demand, and your deal or loan timeline.
- Review. We check the notice, the pleadings, the property description, and the sale or loan at stake.
- Options. We explain the motion, narrowing, bond, or negotiated release, including the tradeoffs of each.
- Filing. We file and handle the case steps in the court where the action is pending.
- Resolution. The matter ends with a court order, a stipulated release, or continued litigation on the merits.
A common mistake is waiting until the closing date is close. That leaves less room to ask the court for relief or to negotiate a release.
Timing turns on county and court schedules. Florida courts must refer monetary damages cases to mediation when one party asks, 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, under § 44.102 court-ordered mediation, subject to exceptions. 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.”
Why Work with Ayala Law PA on a Lis Pendens Matter
Ayala Law PA focuses on business and commercial disputes, including the property side of those disputes. For a business seeking a lis pendens lawyer Florida courts will hear in a commercial case, the key question is who reviews the notice and the underlying claim together.
- Practice areas: business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation.
- Responsible lawyer: Eduardo A. Maura is responsible for this page.
- Office: Our bona fide office is at 1646 W Snow Ave in Tampa. We represent businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and the wider Tampa Bay area, and our office is located in Tampa.
- Team: Our team handles document work, filings, and scheduling support for each matter.
Many notices arise from a dispute that already involves a business relationship. Handling that dispute and the property record together keeps the notice and the case in step.
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.
Frequently Asked Questions About Lis Pendens in Florida
Can a lis pendens be removed before the lawsuit ends?
It can be, in some cases, through a court order, a narrowing, or a negotiated release.
Does a lis pendens mean I lost the case?
No. It is a notice that a case is pending, not a ruling on who is right.
Can a lis pendens stop a sale or refinance?
It can, because buyers, lenders, and title insurers often wait until the notice is resolved.
Is there a charge for a first conversation?
Our fee terms, including any charge for an initial evaluation, are explained directly when you call (305) 570-2208.
Talk With Our Team About the Notice on Your Property
If a recorded notice is holding up a sale, refinance, or lease, you don’t have to work through it alone. Gather the recorded lis pendens, the complaint or demand letter, the property address and parcel number, and your deal or loan deadline. Then call (305) 570-2208 or use our contact page to book a case evaluation. Results depend on the facts of each matter, and no outcome can be promised.
