To remove a lis pendens from commercial property in Florida, you can get the party who recorded it to release it, have the lawsuit dismissed, or ask the court to dissolve the notice. Which route fits depends on the facts of the case and the claim behind the notice. This page walks through each route for owners, buyers, and lenders in Tampa and Hillsborough County. Eduardo A. Maura is the lawyer responsible for this page. Ayala Law PA’s office is at 1646 W Snow Ave in Tampa, and the firm serves businesses in Tampa and Hillsborough County.
What a Lis Pendens Is and What It Does
A lis pendens is a notice recorded in the county’s public records. It says a lawsuit may affect the title to a property or an interest in it.
Buyers, lenders, and title insurers search these records before they close. When they find a notice, they often pause until the question is answered.
Court action is one way to do that. The notice warns that a court may decide a question about title.
For commercial owners, the effect is practical. A recorded notice can stall a sale, a refinance, or a new lease until the case ends or the notice is removed. That is why owners often want to know early what a notice means.
Venue matters too. Under Fla. Stat. § 47.011, actions are brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located, but this section does not apply to actions against nonresidents. For a building in Hillsborough County, the property’s location is often part of that question.
If a recorded notice is blocking a sale, loan, or lease on your commercial building, our team can talk through the notice and the routes available to 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.
How a Lis Pendens Gets Recorded on Commercial Property
A party to a lawsuit records the notice with the county clerk, usually when the case is filed or soon after. The notice identifies the property and the case, so anyone searching the title can find it.
Commercial disputes that lead to a notice often involve:
- a contract dispute over a sale or purchase of the property
- a construction or lien claim tied to the building
- a lease or possession dispute
- a shareholder or partnership claim that reaches the property title
Recording the notice does not prove the claim is valid. It only puts the owner and the public on notice.
A notice can surface late, often when a title company flags it during a closing. Search the public records early, so you know what is recorded against your property and which case it ties to. Match each recorded item to its case number before you pick a route. A notice, a judgment lien, and a construction lien are different tools, and each has its own steps.
Options for Removing a Lis Pendens
The three main routes are a voluntary release, dismissal of the lawsuit, and a court order that removes the notice. A release is often part of a settlement. It must be recorded to clear the public record.
Settlement talks can be sensitive. Under Fla. Stat. § 90.408, evidence of an offer to compromise a disputed claim, and statements made in compromise negotiations, is inadmissible to prove liability or the value of the claim. That rule lets an owner ask about a release without conceding the underlying dispute.
A formal offer of settlement follows different rules. Under Fla. Stat. § 45.061, an offer of settlement remains open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree, and the section does not apply to causes of action that accrue after the act’s effective date, so the statute’s application to a particular dispute should be confirmed before relying on it. Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.” If neither withdrawn nor accepted in that time, it is deemed rejected.
Even after dismissal, the public record usually still shows the notice until a release or court order is recorded. Ask the other side for a release before you file any motion. That step is worth raising first. Keep the release specific. It should name the property, the recording information of the notice, and the case number.
Motion to Dissolve or Discharge: When It Is the Right Tool
A motion to dissolve or discharge asks the court to remove the notice. Owners often file one when the underlying claim does not reach the property or lacks support. The motion is filed in the court handling the case, served on the other side, and set for a hearing.
If the court denies the motion, the notice stays in place and the lawsuit keeps going. A denial decides the motion, not the underlying claim. The owner then has to weigh the options: keep litigating, negotiate a release, or pursue another tool that fits the record.
Sanctions can also come into play. Under Fla. Stat. § 57.105, when a court finds that the losing party or its attorney knew or should have known that a claim or defense was not supported by the material facts necessary to establish it, or would not be supported by then-existing law applied to those material facts, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney. However, monetary sanctions may not be awarded on the existing-law ground for a claim or defense initially presented as a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, as it applied to the material facts, with a reasonable expectation of success. Monetary sanctions on either ground may not be awarded against the losing party’s attorney if he or she acted in good faith, based on the client’s representations as to the existence of those material facts. Monetary sanctions on the existing-law ground also may not be awarded against a represented party. A party seeking sanctions must serve the motion first. The motion can’t be filed unless the challenged claim is not withdrawn or corrected within 21 days after service.
What the Party Who Recorded the Lis Pendens Must Show
The party that recorded the notice has to back its claim with facts and a legal basis.
Many lis pendens claims rest on contract disputes. For example, a court refuses to enforce a contract term as unconscionable only if it finds both procedural and substantive unconscionability. In Basulto v. Hialeah Automotive, the court concluded that both the procedural and substantive aspects of unconscionability must be present, although not necessarily to the same degree, and that both should be evaluated interdependently rather than as independent elements.
Mistake is another common defense. According to the Waterside at Boynton decision, rescission for mutual mistake requires a mistake that is mutual and goes to the essence of the contract.
Documents often shape the court’s view. The contract, the deed, and any payment or lien records show what each side agreed to and what was paid. Gather those records early, before a hearing.
Bond Substitution for a Judgment Lien in Florida
Florida law lets any person with an interest in the property, or in the contract under which the lien is claimed, swap a judgment lien for other security, such as a deposit or a surety bond. This tool applies to judgment liens, which are different from a lis pendens.
Under Fla. Stat. § 55.10, a lien claimed under that section can be transferred from the property by any person with an interest in the property, by depositing money or filing a surety bond. The amount equals the lien claim, plus interest at the legal rate for 3 years, plus $500 for court costs. The surety must be an insurer licensed to do business in Florida. The clerk may charge a service charge of up to $15 for the certificate.
Once the clerk files the certificate of transfer, the real property is released from the lien claimed. Any party with an interest in the security or the property can file a complaint in chancery in the circuit court where the security is deposited. That complaint can ask for more security or payment.
Owners facing a lender or buyer should document how the recorded item affects a sale, a loan, or a lease. Clear records help when you talk through options.
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.
Clearing Title After the Lis Pendens Is Released
Clear title by confirming that the release or court order is recorded in the county’s public records before a closing or refinance. A recorded release is the document a title company looks for. Ask the title company which recorded items it still needs to review.
Title companies and lenders read the chain of recorded documents. They check the notice, the release, and any other liens on the property. A released notice does not clear other recorded claims.
A judgment lien whose certified copy is first recorded, with the lienholder’s address, on or after July 1, 1994 lasts an initial 10 years from the recording date, under Fla. Stat. § 55.10. It cannot be extended beyond the period provided for in s. 55.081 or beyond the point at which it is satisfied, whichever occurs first.
Keep copies of the signed release, the court order, and the recording confirmation for the closing file. Note the case number and recording date on each. Get the release recorded before you set a closing date, so the schedule reflects the real record. For related deadlines, see our statute of limitations guide for commercial property.
Talk to Our Team About a Lis Pendens on Your Commercial Property
How do you remove a lis pendens from commercial property in Florida?
It can be removed by a recorded release, by dismissal of the lawsuit with a recorded release or order, or by a court order that dissolves the notice.
Can a motion to dissolve a lis pendens be denied?
Yes. A denial leaves the notice in place while the underlying case continues.
Can a lis pendens be released as part of a settlement?
Yes. A release is often part of a settlement, and it must be recorded to clear the public record.
Where must a commercial property lawsuit be filed in Florida?
Under Fla. Stat. § 47.011, actions are brought in the county where the defendant resides, where the cause of action accrued, or where the property is located. This rule does not apply to actions against nonresidents.
If a recorded notice is blocking a sale, a loan, or a lease on your commercial building, our team can talk through the notice, the underlying dispute, and the routes available. Call (305) 570-2208 or use our contact page. Our office is at 1646 W Snow Ave in Tampa, and our team can be reached at (305) 570-2208. Fee terms are discussed at the time of contact.
