Short answer: A lis pendens (“suit pending”) is a notice recorded in the county’s official records saying that a lawsuit — usually a foreclosure — affects a specific property. It does not mean the home has been sold or taken. It warns anyone who might buy the property or lend against it that they will be bound by the outcome of the case (Fla. Stat. § 48.23).
Many homeowners first learn about a foreclosure case by finding a lis pendens in the public records, or by receiving a copy with the summons. It is an important signal that the court process has started, but it is also an early stage — and in most cases the homeowner still owns the home and can still sell it.
What does a lis pendens mean for my home?
- A lawsuit has been filed that involves the property — for a mortgage, typically a foreclosure complaint filed in the circuit court of your county.
- It is public. Anyone searching the county records can see it, including investors who send mail to homeowners in foreclosure.
- It “clouds” the title until the case is resolved. A buyer’s title company will require the lawsuit to be satisfied or dismissed and the lis pendens released at or after closing.
- It is not a judgment. No sale date exists until the court enters a final judgment.
What happens after a lis pendens is recorded in Florida?
- Service of process. You are served with the summons and complaint. You generally have 20 days to serve a written response to the court (Fla. R. Civ. P. 1.140). Missing it can lead to a default.
- The case proceeds. Depending on the court and the parties, there may be motions, mediation or settlement discussions, and loss-mitigation review.
- Final judgment. If the lender wins, the court enters a final judgment of foreclosure and sets a sale date, usually 20 to 35 days later (Fla. Stat. § 45.031).
- Clerk’s sale. The clerk sells the property to the highest bidder. Pasco, Pinellas and Hillsborough hold these sales online; Hernando holds them in person at the courthouse.
- Certificate of sale and title. The owner’s right to redeem generally ends when the clerk files the certificate of sale, unless the judgment sets a later time (Fla. Stat. § 45.0315).
The time between a lis pendens and a sale varies widely — from a few months to much longer — depending on the court’s docket, the lender, and whether the case is contested.
Can I sell my house with a lis pendens on it?
Yes. A lis pendens does not stop an owner from listing or selling. At closing, the lender is paid in full (a traditional sale) or accepts the approved short payoff (a short sale), and the lawsuit is then dismissed and the lis pendens released. Title companies handle this routinely. What matters most is time: the sale must close before the foreclosure sale and the certificate of sale. See Can I sell my house before foreclosure in Florida?
What should I do if I find a lis pendens or am served?
- Note the date you were served and keep every document.
- Talk to a Florida attorney about your response deadline and defenses. Monica’s short sale attorney partner is The Lyons Law Group, P.A. in New Port Richey; you can choose any attorney.
- Keep communicating with your servicer and ask about loss-mitigation options in writing.
- Be cautious with unsolicited offers. A lis pendens often triggers mail and calls from investors and “foreclosure rescue” companies. Never sign over a deed or pay upfront fees without independent legal advice.
- Get a market analysis so you know whether a traditional sale or a short sale is realistic.
Where can I look up a lis pendens or foreclosure case?
- Pasco County: Pasco County Clerk & Comptroller
- Pinellas County: Pinellas County Clerk – records
- Hernando County: Hernando County Clerk – foreclosure information
- Hillsborough County: Hillsborough County Clerk – foreclosure sales
Received a lis pendens or foreclosure notice? Monica can explain the real-estate side of your options.
Frequently asked questions
Is a lis pendens the same as a foreclosure?
No. A lis pendens is a recorded notice that a lawsuit affecting the property has been filed. A foreclosure is the court process itself, which may end in a judgment and a clerk’s sale if it is not resolved.
How long does a lis pendens last in Florida?
A lis pendens tied to a recorded mortgage generally stays in effect while the case is pending and is released when the case is dismissed or concluded. Ask an attorney about your specific case.
Can I refinance with a lis pendens?
It is difficult, because most lenders will not lend on a property with an active foreclosure. Your servicer’s loss-mitigation options may be more realistic.
Will buyers be scared off by a lis pendens?
Many buyers and agents are familiar with homes in pre-foreclosure. Clear disclosure, realistic pricing and a coordinated title company help a sale move forward.
Keep reading
- Short Sale & Pre-Foreclosure Help (overview)
- How the Florida foreclosure process works
- How long does a short sale take?
- Pasco County short sale help
- Pinellas County short sale help
- Hernando County short sale help
Important: This page is general real-estate education, not legal, tax or credit advice. Monica Karcz is a Florida Realtor, not an attorney or accountant. Laws, lender programs and deadlines change and every situation is different — for legal questions talk with a Florida attorney, and for tax questions talk with a CPA or tax professional.
Sources
Laws and guidelines were reviewed in October 2026 and can change.
- Fla. Stat. s. 48.23 – Lis pendens
- Fla. Stat. s. 45.031 – Judicial sales procedure
- Fla. Stat. s. 45.0315 – Right of redemption
- Florida Rules of Civil Procedure, Rule 1.140
- Hernando County Clerk – foreclosure information
- Hillsborough County Clerk – foreclosure sales
Request a Confidential Short Sale Consultation
A private, no-obligation conversation about the real-estate side of your options — a traditional sale, a lender-approved short sale, or simply understanding what comes next. Prefer to talk now? Call or text (813) 728-1400.
About Monica Karcz
Monica Karcz is a Florida Realtor and Senior Premier Agent with Redfin who has helped Tampa Bay buyers and sellers since 2012. She serves homeowners across Pasco, Pinellas, Hernando and Hillsborough Counties, including Holiday, New Port Richey, Port Richey, Hudson, Trinity, Tarpon Springs, Palm Harbor, Clearwater, Spring Hill and Wesley Chapel.
Monica assists homeowners with traditional home sales and with short-sale real-estate transactions, working alongside the homeowner’s lender, attorney and title company. She is a real-estate professional — not an attorney, accountant or financial adviser — and the information on this page is general education, not legal, tax or credit advice.
(813) 728-1400 · [email protected] · About Monica · Contact
Florida License #SL261098340 · Brokerage: Redfin Corporation, Florida License #780118
