What Is a Lis Pendens in Florida? And How Selling Your House Resolves It

Disclosure: Pallas Growth is a cash home buyer. The information in this article is intended to be educational and objective. We also provide the cash purchase services described here.

Florida's lis pendens statute is codified at Florida Statute § 48.23 of the Florida Legislature. For official court records and case lookup, visit Florida Courts. Foreclosure proceedings are governed by Chapter 702 of the Florida Statutes.

A Lis Pendens Doesn't Mean Your Home Is Gone—But Time Matters

If you've received a notice about a "lis pendens," you're probably confused and worried. The word sounds ominous. And in some ways, it is—a lis pendens means legal action is underway. But it doesn't mean foreclosure is inevitable or that you've run out of options.

In this guide, we'll explain what a lis pendens actually is, what it means for you legally, and most importantly, how selling your house for cash can resolve it before it becomes an actual foreclosure.

What Is a Lis Pendens?

Let's start with the basics.

Lis pendens is a Latin term meaning "suit pending." In real estate, it's a formal notice filed with the county court that a lawsuit involving the property has begun. Specifically, when your mortgage lender files a lis pendens, it means they've officially started foreclosure proceedings against you.

What Happens When a Lis Pendens Is Filed

When your lender files a lis pendens with the Florida county clerk:

1. It becomes public record. Anyone can see that your property is involved in a legal dispute.
2. Your title is clouded. Your property's title is marked with a claim, making it harder (or impossible) to sell or refinance.
3. Foreclosure has formally begun. The lis pendens is the official start of the legal foreclosure process.
4. A lawsuit has been filed against you. You'll be served with legal documents. You have 20 days to respond.

This is serious. But it's not the end.

The Legal Timeline After a Lis Pendens in Florida

Understanding the timeline is crucial because it shows you how much time you have to act.

Days 1–20: You Can Respond to the Lawsuit

Once served with the lis pendens lawsuit, you have 20 days to file a response with the court. This response is typically done by an attorney. If you don't respond, the lender can win a default judgment, which accelerates foreclosure.

What to do: Consult a real estate attorney immediately. You have legal rights and defenses, even if limited.

Days 20–90: Discovery and Motion Practice

After you respond (or fail to respond), the case moves into the discovery phase. Both sides exchange documents and information. Motions are filed. This phase usually lasts 60–90 days, sometimes longer.

What to do: Your attorney works through this phase. Don't ignore deadlines—missing them can forfeit your right to fight.

Day 120+: Judgment and Sale Scheduled

Once the lender obtains a judgment (or you don't contest it), they can schedule the foreclosure sale. In Florida, there's typically a 45-day gap between when judgment is entered and when the property is auctioned on the courthouse steps.

What to do: This is your last window to act. Once the sale is scheduled, options become very limited.

Foreclosure Sale: You Lose Control

The property is auctioned. The highest bidder becomes the new owner. You may receive any remaining equity, but you no longer own the home.

What a Lis Pendens Means for You Practically?

Beyond the legal side, a lis pendens creates real, immediate problems:

You Can't Sell Traditionally

Buyers don't want to buy a home with a lis pendens on the title. Lenders won't finance purchases of liened properties. Traditional real estate agents can't market your home effectively. A lis pendens essentially makes your home unsellable in the normal market.

You Can't Refinance

Refinancing is off the table. No lender will refinance a property involved in active foreclosure litigation.

Your Credit Takes a Hit

While the lis pendens itself doesn't directly appear as a negative mark, the missed payments that led to it appear on your credit report. Your score is already damaged.

You Can't Ignore It

Some people ignore the lis pendens notice, hoping it goes away. It won't. Ignoring it makes everything worse. You lose your right to defend yourself in court. The lender wins by default. Foreclosure accelerates.

Your Equity Could Disappear

If the property sells at auction for less than what you owe, you may owe a deficiency (the gap between sale price and debt). While Florida has some protections against deficiency judgments, they're not absolute. Time is money here.

Here's the Critical Point: You Can Still Sell

Despite all this, you have one powerful option that most people don't realize: you can still sell the home for cash, even with a lis pendens on the title.

This is the key difference between a lis pendens and a foreclosure sale. As long as the foreclosure sale hasn't happened yet, you retain ownership. You can choose to sell the property, pay off your debt, and stop the foreclosure process entirely.

How to Resolve a Lis Pendens by Selling for Cash?

Here's how the process works:

Step 1: Contact a Cash Buyer

Cash buyers specialize in buying properties in difficult situations—including those with lis pendens. They understand the legal landscape and can move quickly.

Call a cash home buyer in Florida. Be honest about the lis pendens. Don't hide it. Reputable cash buyers expect this.

Step 2: Get a No-Obligation Offer

The cash buyer will assess your home's condition and market value, accounting for the lis pendens and any needed repairs. They'll make an offer. This offer is typically 70–85% of market value (the discount covers their risk and cost). But it's a real, honest number you can rely on.

Step 3: Review the Offer and Timeline

Ask specifically:

• What is the offer price?
• When can we close? (Most cash buyers say 7–30 days)
• What are the exact costs and fees?
• How are proceeds distributed (to lender, then to you)?
• Will this timeline work before my foreclosure sale is scheduled?

Step 4: Accept and Close

If the offer works, you accept it. The cash buyer's attorney coordinates with your lender and the court. The sale closes. Proceeds immediately pay off your mortgage debt. The foreclosure is dismissed because the debt is satisfied.

Step 5: Walk Away With Remaining Equity

Any equity left after paying off your mortgage goes to you. If you're underwater (owe more than the home is worth), at least you've avoided foreclosure and its severe credit impact.

Real-World Scenario: Sandra's Lis Pendens Resolution

Sandra received a lis pendens notice in Jacksonville. Her mortgage servicer had filed foreclosure after she missed four months of payments due to health issues. She had about 90 days before the foreclosure sale was scheduled.

Sandra explored options:

• Loan modification: Her servicer was slow. Approval wasn't guaranteed within her timeline.
• Short sale: Would take 4–6 months. Too slow.
• Fighting it in court: Would cost thousands in legal fees with uncertain outcome.
• Selling for cash: A cash buyer offered to close in 12 days. She accepted.

The cash sale closed before the foreclosure sale date. Proceeds paid her lender. The lis pendens was dismissed. Sandra received $45,000 in equity she would have lost had the property gone to auction.

She avoided foreclosure, kept her equity, and moved on. The whole process took two weeks.

What You Should Know About Lis Pendens and Your Rights?

Florida Law on Lis Pendens

In Florida, a lis pendens must be based on a valid lawsuit. The lawsuit must be properly served on you. You have the right to respond and contest it. If you believe the lis pendens was filed in error, you can file a motion to dismiss.

However, most lis pendens filings are valid (your lender has a legitimate foreclosure claim). Contesting it takes time and money, and often doesn't succeed.

Tax Implications

If your lender forgives debt (as in a short sale or deed in lieu), the forgiven amount may be considered taxable income. This is rare with cash sales because you're typically preserving equity rather than having debt forgiven.

Deficiency Judgments in Florida

Florida law limits deficiency judgments in purchase-money mortgages (mortgages used to buy the home). However, if you refinanced or have a home equity line of credit, deficiency judgments are possible. Selling for cash can protect you from this risk.

Frequently Asked Questions

Q: How long do I have after a lis pendens is filed to sell my house?

You have until the foreclosure sale is scheduled and completed. This is typically 90–180 days from when the lis pendens is filed, but it varies. The key is acting fast. Contact a cash buyer immediately—don't wait.

Q: Can I fight a lis pendens in court?

Yes, you can file a motion to dismiss or contest it, but your grounds are limited. If the lis pendens is valid (your lender has a legitimate foreclosure claim), courts typically won't dismiss it. You'd need an attorney, which costs money and takes time you may not have.

Q: Will selling for cash stop the foreclosure?

Yes. Once the sale closes and proceeds pay off your mortgage debt, the foreclosure is dismissed. The lender has no claim against you anymore because they've been paid.

Q: What happens if I don't act after a lis pendens is filed?

The foreclosure proceeds. The property goes to auction. You lose ownership. Any remaining equity may be sent to you, but a foreclosure on your record is severe and long-lasting.

Q: Does a lis pendens ruin my credit?

A lis pendens itself doesn't appear on your credit report. But the missed payments that led to the lis pendens do appear. And if the foreclosure proceeds to a sale, that foreclosure will be reported and will severely damage your credit.

The Bottom Line: A Lis Pendens Is Serious, But You Still Have Time

A lis pendens means foreclosure proceedings have officially begun. It's a serious legal action. But it's not the same as a foreclosure sale. You still own the home. You still have options. And you still have time—usually 90–180 days—to resolve it.

The fastest, simplest option is to sell for cash. No lender approval needed. No court battles. No months of uncertainty. Just a quick sale, a clear closing date, and a resolution.

If you're facing a lis pendens in Florida, the best time to act is now. Contact a cash home buyer today. Get an offer. See if you can resolve this before the foreclosure sale happens.