Title and closing

What to do when a title search reveals a lis pendens

Discovering a lis pendens notice during a title search signals active litigation affecting the property. This means you must dig deeper to understand the nature of the lawsuit and its potential impact on a clear title.

October 29, 2026 · 4 min read

What a lis pendens notice actually means

A lis pendens is a formal notice filed in the public records to warn potential buyers that a lawsuit concerning the property is ongoing. The Latin term literally means "suit pending." It means that the legal ownership or rights to the property are in dispute, and any transfer of ownership could be subject to the outcome of that litigation.

When you see a lis pendens, it's a red flag. It doesn't mean the seller doesn't own the property, but it indicates that someone else is claiming an interest in it that could affect its marketability or transferability. This could be anything from a foreclosure action, a dispute among heirs, or a boundary line disagreement.

The urgency of investigating the lawsuit

Your immediate next step is to get the details of the underlying lawsuit. The lis pendens notice itself will typically provide the case name, case number, and the court where it was filed. Use this information to retrieve the court documents. You need to understand who is suing whom, what they are suing for, and what remedies they are seeking.

This investigation is critical because the lawsuit's outcome could determine whether the seller can even legally transfer clear title to you. A quick review of the court filings can reveal if the case is minor and easily resolved, or if it represents a significant obstacle to your acquisition. See also: /learn/judicial-vs-non-judicial-foreclosure-states

Talking to the seller about the litigation

Once you have a basic understanding of the lawsuit, you must discuss it with the seller. Approach this conversation carefully but directly. Ask him or her about the litigation, how long it has been ongoing, and what he or she expects the outcome to be. The seller might be unaware of the filing or minimize its significance.

Pay close attention to his or her answers. If the seller is evasive, it's a further warning sign. If he or she is open and explains the situation, it helps you assess the risk. His or her willingness to cooperate in resolving the issue is a good indicator of whether the deal is viable. Make sure he or she understands that this must be cleared before closing.

When to involve a real estate attorney

This is not legal advice, but in situations involving a lis pendens, you should almost always involve a qualified real estate attorney. An attorney can review the court documents, advise you on the legal implications, and help determine the best course of action. He or she can also communicate directly with the seller's attorney or the opposing counsel to get a clearer picture of the situation.

Your attorney can explore options such as negotiating a settlement to clear the lis pendens, arranging for the lawsuit to be dismissed, or even structuring the deal in a way that protects your interest if you choose to proceed. Do not try to navigate complex legal issues like this alone, as the consequences could be severe for your investment. This is especially true if you are dealing with a pre-foreclosure lead. See also: /for/wholesalers

Deciding to proceed or walk away

Based on your investigation and your attorney's advice, you will need to make a decision. Can the lis pendens be cleared before closing? Is the risk acceptable given the potential profit? Sometimes, the lawsuit is minor and can be resolved with a simple release or an escrow agreement at closing.

Other times, the litigation is too complex, too lengthy, or too risky to justify proceeding. It's okay to walk away from a deal if the title issues are insurmountable or too costly to resolve. Your goal is to secure clear title, and if a lis pendens makes that too difficult, it might be time to move on to other leads.

Questions people ask

Can I still buy a property with a lis pendens?

It depends. A lis pendens means legal action is pending. You can buy it, but your ownership will be subject to the lawsuit's outcome. Most investors only proceed if the lis pendens can be cleared or settled before or at closing to ensure clear title. This is not legal advice.

Will title insurance cover a lis pendens?

Typically, a standard title insurance policy will list a recorded lis pendens as an exception, meaning it will not cover claims arising from that specific litigation. You would need to resolve the underlying issue before the title company would insure it without exception. This is not legal advice. See also: /learn/what-does-title-insurance-cover-for-investors

How long does a lis pendens typically last?

A lis pendens remains on the public record until the underlying lawsuit is resolved, dismissed, or a specific release is filed. The duration varies greatly depending on the complexity and speed of the legal process. There's no set timeframe, which adds to the uncertainty for investors. This is not legal advice.

What's the difference between a lis pendens and a lien?

A lis pendens is a notice that a lawsuit is pending, which may affect title. A lien, however, is a financial claim against the property itself. While both can impede clear title, a lis pendens indicates an active dispute over rights, not necessarily a monetary debt. This is not legal advice.