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Selling a House With a Lis Pendens in Florida

A notice of lis pendens is a recorded document that puts the public on notice that a lawsuit is pending which could affect a property's title. If one is recorded against a house you're trying to sell, it needs to be understood and addressed before closing, not assumed away. Here is generally how it works.

What a lis pendens actually is

Under Florida Statute 48.23(1)(a), a lawsuit operates as a lis pendens affecting real property only if a notice of lis pendens is actually recorded in the official records of the county where the property is located, and that notice hasn't expired, been withdrawn, or been discharged. In other words, the lawsuit itself doesn't automatically create a lis pendens; a separate notice has to be recorded against the specific property for the public, including a future buyer, to be considered on notice of the pending claim.

Why it matters to a sale

A recorded lis pendens may appear in a title search. F.S. 48.23 provides that a notice of lis pendens must be recorded and remain effective for the underlying action to operate as a lis pendens against the property, and the statute sets out specific consequences when a notice was not recorded, or when a recorded notice has expired, been withdrawn, or been discharged. What that means for title and closing depends on the specific case, and a title company or Florida real estate attorney needs to review the actual recorded notice and underlying lawsuit to determine what it requires for a particular sale.

When a lis pendens expires

Under F.S. 48.23(2), a notice of lis pendens generally is not effectual for any purpose beyond 1 year from when the action was filed, and it expires at that point, unless the underlying claim is founded on a duly recorded instrument or on a lien claimed under Florida's construction lien law (part I of chapter 713), or unless the court extends the expiration on reasonable notice and for good cause. Whether a specific lis pendens has actually expired, still applies, or falls under one of these exceptions depends entirely on the underlying case and the specific claim involved, and that needs to be confirmed by reviewing the actual court file, not assumed from the passage of time alone.

Getting it resolved

Because a lis pendens is tied to an active lawsuit, resolving it generally means resolving, dismissing, or otherwise addressing that underlying case, or obtaining a court order discharging the notice. Under F.S. 48.23(3), when the pending claim doesn't actually involve a recorded instrument or a construction lien, or when the lawsuit no longer affects the property, a court can discharge the recorded notice much the way it would dissolve an injunction. This is a legal process that generally requires the attorney handling the underlying lawsuit, not something a seller can resolve independently outside the case itself.

Where a sale fits

A lis pendens doesn't necessarily prevent listing a property, but it can affect a sale and the closing timeline. Whether it needs to be resolved, released, discharged, or otherwise handled for a particular transaction depends on the recorded notice, the underlying case, the buyer and title insurer involved, and the specific closing documents, so this isn't something to assume one way or another. A title company or Florida real estate attorney needs to review the actual situation directly. See our guide on selling a house with a judgment lien in Florida for how a lis pendens compares to other types of title problems that can surface during a sale.

Frequently asked questions

What is a notice of lis pendens in Florida?

A notice of lis pendens is a recorded document that puts the public on notice that a lawsuit is pending which could affect title to a specific property. Under F.S. 48.23(1)(a), an action operates as a lis pendens on real property only if a notice of lis pendens is actually recorded in the official records of the county where the property is located and that notice hasn't expired, been withdrawn, or been discharged.

How does a lis pendens affect selling a house?

Does a lis pendens expire in Florida?

Generally yes. Under F.S. 48.23(2), a notice of lis pendens is not effectual for any purpose beyond 1 year from when the action was filed and will expire at that point, unless the underlying claim is founded on a duly recorded instrument or a lien claimed under Florida's construction lien law, or unless the court extends the expiration for good cause. Whether a specific lis pendens has actually expired, or falls into one of these exceptions, depends on the underlying case and needs to be confirmed directly.

What should I do if there's a lis pendens on the house I'm selling?

A title company or Florida real estate attorney needs to review the actual recorded lis pendens and the underlying court case to determine what it's based on, whether it's still in effect, and what has to happen to clear it before or at closing. This isn't something to guess at from a general description, since the specific claim behind the lis pendens determines what resolving it actually requires.

Have a lis pendens on your property and want to understand your options? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Seminole County, and Polk County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing the actual court file is the right resource for confirming what's needed to resolve a lis pendens for a specific sale.