What is a lis pendens on a property?
A lis pendens is public notice that a lawsuit about the property is pending. It tells buyers, lenders, and other third parties that the case may affect a claimed right, lien, or interest in the house. It does not decide the lawsuit or create a new property right by itself. It can still affect selling or refinancing because it gives public notice that a lawsuit may affect the property.
Key facts
- The U.S. Supreme Court says a lis pendens itself creates no additional property right for the plaintiff.
- The filing can affect the owner's ability to sell the property or obtain additional security based on title.
- Indiana and Georgia use specific filing steps. Ohio's general rule attaches notice when the complaint is filed.
- Release and cancellation rules differ by state and can be tied to a court order or final determination.
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Get my cash offerWhat a lis pendens means
A lis pendens points to a lawsuit involving the property.
The notice points to a lawsuit. It is not the same thing as a court deciding who owns the property or who wins the case. The U.S. Supreme Court has said that a lis pendens gives notice to the world of the remedy being sought in the lawsuit itself.
The same Court also said the lis pendens itself creates no additional right in the property for the plaintiff. That matters because the notice is about a claim being made in court, not proof that the claim is correct.
Who records it and why
The person or party who starts a property lawsuit, or who seeks to enforce a claimed lien, right, or interest in real estate, is usually the one who takes the filing step. The reason is notice. The notice tells later buyers, lenders, and other people dealing with the property that the lawsuit may affect the property.
State rules use different offices and different words. Some states refer to recording with a county land records office. Others use the court clerk. The details below are limited to the states covered by the cited sources.
| State | Where the notice is filed or how notice starts | What the cited rule says |
|---|---|---|
| Indiana | With the clerk of the circuit court in each county where the real estate is located | The clerk keeps a public "Lis Pendens Record" and records the day and hour when the notice is filed and recorded. |
| Ohio | When the complaint is filed | Ohio Revised Code 2703.26 says the action is pending so as to charge a third person with notice of its pendency. |
| Georgia | With the clerk of the superior court in the county where the property is located | Georgia law says no action operates as a lis pendens as to real property until the required notice is filed there. |
What it means for selling or refinancing
A lis pendens can affect a sale or a refinance while the case is open. The U.S. Supreme Court said filing the notice can affect the owner's ability to alienate the property or obtain additional security on the basis of title to the property.
That does not mean every sale is impossible. It means the public record tells a buyer or new lender that a lawsuit may affect the property.
If the lawsuit is a foreclosure, the lis pendens is one sign that the case has moved into court. A homeowner comparing choices can read more about selling a house in foreclosure. Selling to a cash buyer is one possible path in some situations, but the pending case and the recorded notice still matter to the title and court process.
Why it may appear early in a foreclosure case
A lis pendens often appears early in judicial foreclosure because the point is to give notice while the court case is pending. It tells later buyers and lenders that the foreclosure lawsuit may affect the house.
The timing differs by state. Indiana and Ohio each connect notice to the start of the lawsuit or to steps that happen after the complaint is filed.
| State | Why it can show up early in foreclosure |
|---|---|
| Indiana | Indiana's State Board of Accounts says a civil action is commenced by filing a complaint and causing a summons to be issued. The Indiana Supreme Court described a foreclosure case where the lis pendens notice was filed at the beginning of the suit and provided constructive notice. |
| Ohio | Ohio Revised Code 2703.26 says that when a complaint is filed, the action is pending so as to charge a third person with notice. In an action demanding judicial sale of residential real estate with one to four single family units, Ohio also requires a preliminary judicial report within fourteen days after filing the pleadings requesting that relief. |
How a lis pendens is released or cancelled
There is no single release rule in the cited sources that applies to every state. The confirmed rules are state specific. They can tie the notice to a final court result or a court order.
A homeowner may see words like release, satisfaction, cancellation, dismissal, final judgment, or final determination. The exact word depends on the state and the court record.
| State | Confirmed release, discharge, or cancellation rule |
|---|---|
| Indiana | The circuit court clerk has a duty to enter a satisfaction of the lien, right, or interest in the Lis Pendens Record on order of the court rendering judgment in final determination of the suit. |
| Georgia | During the case, the court may cancel the lis pendens if the real property is no longer involved in the pending action. After dismissal, cancellation, settlement, final judgment, or court order, the party that filed the lis pendens must file a release with the superior court clerk in each county where it was recorded. |
A lis pendens is not the same as a lien
A lis pendens and a lien can appear together, especially in foreclosure or other property lawsuits. But they are not the same thing.
The U.S. Supreme Court said the lis pendens itself creates no additional right in the property. It gives notice that someone is asking the court to recognize or enforce a property related claim.
If you are trying to tell the difference between a recorded lawsuit notice and a recorded debt claim, read what is a lien on a house. If you are comparing sale paths while a title issue is showing, this overview of a cash offer versus listing with an agent explains the basic difference between those two sale methods.
- A lis pendens points to a pending lawsuit about the property.
- A lien is the underlying claim or charge only if the law or court record creates one.
- A recorded lis pendens can still affect selling or refinancing because it gives public notice to later buyers and lenders.
Frequently asked questions
Is a lis pendens a lien on my house?
Not by itself. The U.S. Supreme Court says a lis pendens itself creates no additional right in the property for the plaintiff.
Can I sell a house with a lis pendens?
A lis pendens can affect the owner's ability to sell or refinance while the case is pending. It gives public notice that a lawsuit may affect the property. Whether a closing can happen depends on the lawsuit, the title record, and the state rule involved.
Who files a lis pendens?
The filing is usually connected to the party bringing a property lawsuit or seeking to enforce a claimed lien, right, or interest in the real estate. Indiana law describes a person who commences that kind of suit filing written notice with the circuit court clerk.
Why did a lis pendens show up when foreclosure started?
Foreclosure is a court action in many cases, and a lis pendens gives notice that the case may affect the property. In Indiana, the state Supreme Court described a foreclosure case where the lis pendens notice was filed at the beginning of the suit.
How is a lis pendens removed in Georgia?
Georgia law allows the court to cancel a lis pendens during the case if the real property is no longer involved in the pending action. Georgia also says the party that filed the lis pendens must file a release after dismissal, cancellation, settlement, final judgment, or court order.
Sources
Checked against each source on November 3, 2026. This page is general information, not legal or tax advice.
- Connecticut v. Doehr (Legal Information Institute / U.S. Supreme Court opinion text)
- Resource Library: 2024 Clerk of the Circuit Court (Indiana State Board of Accounts)
- JPMorgan Chase Bank, N.A. v. Claybridge Homeowners Association, Inc. (Indiana Supreme Court / Indiana Judicial Branch)
- Ohio Rev. Code 2703.26 (Ohio Laws / Ohio Legislative Service Commission)
- Ohio Rev. Code 2329.191 (Ohio Laws / Ohio Legislative Service Commission)
- Official Code of Georgia Annotated, Title 44, Chapter 14, Article 9 (Georgia General Assembly)
Related seller questions
- Can you sell a house in foreclosure?
- How do you sell a house with a lien?
- What is a lien on a house?
- Can you sell a house with a mortgage?