Florida Wholesaler's Guide
What is a Lis Pendens?
A plain explanation of what a lis pendens is, what it does and does not prove, how it ends, and how to check filings in the county records.
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Definition
What is a Lis Pendens?
A lis pendens (Latin for "suit pending") is a public notice recorded with the county clerk that a lawsuit affecting title to a specific property is pending. In a Florida mortgage foreclosure, the filer is typically the lender or its servicer.
The notice must contain the parties' names, the date the action was instituted or the case number, the court, a description of the property, and a statement of the relief sought (Fla. Stat. § 48.23(1)(c)1.). The statute requires a property description. It does not require a parcel or folio number, though some filings include one. Once it is recorded, it is part of the county's official records.
Under Fla. Stat. § 48.23(1)(a), a lawsuit operates as a lis pendens on the property only once the notice is recorded and in effect. A sale or refinance of the property can remain subject to the pending case and the recorded notice, so buyers, lenders, and title insurers have to account for it.
The statute
Lis pendens rules in Florida: the compact version.
Florida's lis pendens rules live in one section of the statutes. Four things from it are worth knowing before you rely on a filing.
- Recording is what makes it effective. Under Fla. Stat. § 48.23(1)(a), a lawsuit operates as a lis pendens on the property only once a notice is recorded in that county's official records and the notice has not expired, been withdrawn, or been discharged. Filing the underlying suit alone is not enough.
- The notice has to contain five specific things. Under § 48.23(1)(c)1.: the parties' names, the date the action was instituted (or the case number), the court, a description of the property, and a statement of the relief sought. See the annotated example below.
- A one-year limit applies unless the suit rests on a recorded instrument. Under § 48.23(2), a notice is not effective beyond one year from the start of the action unless it is founded on a duly recorded instrument (such as a mortgage) or a Chapter 713 lien, or the court extends it for good cause. A foreclosure notice rests on a recorded mortgage, so this one-year limit does not apply to it.
- A court can discharge a notice. Under § 48.23(3), when the pleading does not show that the action is founded on a duly recorded instrument or a Chapter 713 lien, the court may discharge the recorded notice in the way it would dissolve an injunction.
This is a summary, not legal advice. Read the full text at Fla. Stat. § 48.23 at leg.state.fl.us and talk to a Florida real-estate attorney before relying on any of this for a specific filing.
What's on the page
Example of a lis pendens: what's actually on the filing.
A notice of lis pendens is short, and Florida law spells out exactly what has to be on it (Fla. Stat. § 48.23(1)(c)1.). Here is what each of those five required fields looks like on a foreclosure filing.
Names of the parties
Plaintiff is the lender or servicer, often a securitized trust named something like “U.S. Bank, N.A. as Trustee for…”. Defendant is the property owner, and usually their spouse too.
Date instituted, or the case number
The clerk's filing date, or the case number the court assigned. This is the date the case started. It does not tell you where the case is now.
The court
Florida foreclosures are filed in the circuit court for the county where the property sits, under Fla. Stat. Ch. 702.
A description of the property
Not a mailing address. A property description, such as a legal description (lot, block, and subdivision, or a metes-and-bounds description). Some filings also include a parcel or folio number, which the statute does not require. When one is present, it can help you cross-reference the county property appraiser for an owner and an address.
A statement of the relief sought
For a foreclosure, this is the lender asking the court to enter a judgment of foreclosure and order the property sold to satisfy the debt.
Important distinction
Lis Pendens vs foreclosure sale.
These two phrases get confused constantly. They're not the same.
Lis Pendens
Public start of the lawsuit.
The notice is recorded when the case starts. The owner may still hold title before any sale.
Foreclosure sale
End of the lawsuit.
In a foreclosure, the sale is set after final judgment. It is a later stage of the case, not the start of it.
The lis pendens is the notice at the start of the case. The record shows when the case began, not where it is now, so check the case status before you act on a filing.
Not only foreclosures
Lis pendens in suits that are not foreclosures.
Not every lis pendens comes from a foreclosure. Under Fla. Stat. § 48.23(1)(b), an action for specific performance, or one not based on a duly recorded instrument, has no effect on the title to or liens on the property as against others unless a notice of lis pendens is recorded and in effect. Specific performance is the example the statute names.
A notice from a suit like this does not mean the owner is behind on a mortgage. Read the case type on the filing before you treat it as a foreclosure.
The limits
What does a lis pendens NOT prove?
A lis pendens shows that a notice was recorded stating that a lawsuit affecting the property is pending. It does not show any of the following.
- That the claim in the lawsuit will succeed.
- That the owner will lose the property, or when a sale will happen.
- That the owner wants to sell or is willing to talk.
- The property's value, equity, or condition.
- That the notice is still in effect. It can expire, be withdrawn, or be discharged (see how a lis pendens ends).
- A mailing address or phone number for the owner. A filing names the parties and describes the property. Contact details come from a separate lookup.
Florida timeline
From lis pendens to sale: the steps in a Florida foreclosure.
Florida is a judicial foreclosure state (Fla. Stat. ch. 702). A typical Florida foreclosure may proceed through these stages, though the exact path varies by case.
- Step 1
Lis pendens recorded
The plaintiff files the foreclosure complaint, records the notice of lis pendens, and serves the complaint on the defendant.
- Step 2
Defendant responds, or does not
The defendant has 20 days after service to answer (Fla. R. Civ. P. 1.140(a)(1)). If there is no response, the plaintiff can ask the court for a default.
- Step 3
Motions and hearings
The plaintiff may move for summary judgment. How long hearings take depends on the court's docket.
- Step 4
Final judgment of foreclosure
The court enters a final judgment, and the sale date is set after judgment (Fla. Stat. § 45.031).
- Step 5
Foreclosure sale
The property is sold under the court's order after final judgment, and the highest bidder can be the lender. The sale is a later stage of the case.
Practical implication: the filing date on the record tells you when the case started, not where it is now. The time between steps depends on the court's docket and on what the parties do, so this guide gives no average.
How it is used
How wholesalers use lis pendens data.
For Florida wholesalers and investors, a lis pendens records that a court case about the property has started. It can point to a property early, before any foreclosure sale, while the owner may still hold title and have options. The filing alone does not show that the owner wants to sell.
The filing date matters most. It shows when the case began, not where it is now. The filing is public, so other buyers can see it too. Check the filing date and the case status before you act.
Do it yourself
How to check lis pendens filings yourself.
You don't need a paid product for this. Florida county clerks generally offer an official records search, but access methods and procedures vary by county.
- Open the county's official records search. Go to the clerk of court's site for the county where the property sits — that's a different office than the property appraiser.
- Search by document type and date range. If the search offers a document-type filter, use “LIS PENDENS” (some clerks list it as “NOTICE OF LIS PENDENS”), and set the date range you care about — a day, a week, a month.
- Or search by owner name or parcel. Already have a specific address or owner in mind? Search that name, or the parcel or folio number, instead of browsing the whole document-type list.
- Read the result. Each hit links to the recorded document. You'll see the party names, the case number, the court, and a legal description of the property — see the annotated example above for what each field means. You will not see a mailing address; that takes a separate cross-reference against the property appraiser's parcel records.
This works for one property or one county at a time. Repeating it every day across every county you work is the manual version of what Lispend automates — see the three ways to get the data below.
Getting the data
Three ways to access Florida Lis Pendens data.
Option 1
Pull from each county clerk yourself.
Where a county clerk's official records search allows it, you can find lis pendens filings by date and open the recorded document. Access varies by county. Cost: your time. Trade-off: it is manual. You read the legal descriptions yourself and cross-reference the property appraiser for an owner and address. Practical for one or two counties; not practical across many.
Option 2
Use a national real-estate data aggregator.
Several national products list lis pendens data. Cost: varies by product, so check each product's current pricing directly. Trade-off: a national product covers many states, so check its Florida county coverage and how it resolves addresses before you pay.
Option 3
Use a state-specific product like Lispend.
Pulled on a daily schedule from each live county, with owner and property address where the record resolves. Built for Florida, with each county clerk's records handled separately. Cost: starts at $0 (free view), $199-249/mo for paid tiers. Trade-off: covers only the states we're live in, so it is the wrong product if you need nationwide reach. See it for the state's highest-volume county: Miami-Dade County lis pendens filings, or for the Tampa market, Hillsborough County lis pendens filings.
Release and discharge
How a lis pendens ends.
- It expires. Under § 48.23(2), a notice not founded on a duly recorded instrument or a Chapter 713 lien is not effective beyond one year from the start of the action, unless the court extends it for good cause. A foreclosure notice rests on a recorded mortgage, so this limit does not apply to it.
- It is withdrawn or discharged. Under § 48.23(1)(a), a notice stops operating once it has been withdrawn or discharged. Under § 48.23(3), the court can discharge it when the pleading does not show that the action is founded on a duly recorded instrument or a Chapter 713 lien.
- The official records show it. Before you rely on a filing, search the same county records for a recorded release, withdrawal, or discharge order.
This is a summary of Fla. Stat. § 48.23, not legal advice. For a specific filing, talk to a Florida real-estate attorney.
Frequently asked
Common questions about Lis Pendens.
What is a Lis Pendens?
A lis pendens (Latin for 'suit pending') is a notice recorded in the county's official records that a lawsuit affecting title to a specific property is pending. Under Fla. Stat. § 48.23(1)(a), a lawsuit operates as a lis pendens on the property only when that notice is recorded and has not expired, been withdrawn, or been discharged. In a Florida mortgage foreclosure, the filer is typically the lender or its servicer.
Is a Lis Pendens the same as a foreclosure?
No. A lis pendens is a recorded notice that a lawsuit affecting the property is pending. A foreclosure is the court case itself and, if the plaintiff wins, the sale. Florida is a judicial foreclosure state (Fla. Stat. ch. 702), so a sale happens only after the court enters a final judgment. A lis pendens can also be recorded in suits that are not foreclosures.
How quickly do Lis Pendens filings become public?
Once recorded, a lis pendens is part of the county's official records, which are public. How soon a data product shows a new filing depends on how often it collects from the clerk. Lispend collects Florida county filings on a daily schedule.
Why do wholesalers care about Lis Pendens data?
A lis pendens shows that a court case involving the property is pending, and the record shows when that case started. Wholesalers use it to find properties early, while the owner may still hold title and have options. A filing does not show whether the owner wants to sell. The section on what a lis pendens does not prove covers the limits.
Is Lis Pendens data public?
A recorded lis pendens is part of the county's official records, and anyone can search those records. Lispend charges for turning the filings into a resolved, ready-to-work file, with owner and property address where the record resolves. It does not charge for access to the records themselves.
How long does a Florida foreclosure take from Lis Pendens to sale?
There is no fixed length, and this guide does not give an average. The defendant has 20 days after service to respond (Fla. R. Civ. P. 1.140(a)(1)). The case then moves on the court's schedule through final judgment, and the sale date is set after judgment (Fla. Stat. § 45.031). How long that takes depends on the court's docket and on what the parties do.
Can I get a Lis Pendens removed from my property?
A lis pendens ends when it expires, is withdrawn, or the court discharges it. Under Fla. Stat. § 48.23(2), a notice that is not founded on a duly recorded instrument or a Chapter 713 lien expires one year after the suit is filed, unless the court extends it for good cause. Under § 48.23(3), the court can discharge a notice in the way it would dissolve an injunction. Lispend does not provide legal services; talk to a Florida real-estate attorney about a specific case.
What does a lis pendens NOT prove?
It shows that a notice was recorded stating that a lawsuit affecting the property is pending. It does not prove that the claim will succeed, that the owner will lose the property, when or whether a sale will happen, that the owner wants to sell, or what the property is worth.
Sources
The law this page cites.
- Fla. Stat. § 48.23, Lis pendens: subsections (1)(a), (1)(c)1., (2), and (3), plus (1)(b) for non-foreclosure suits. Official text
- Fla. Stat. ch. 702, Foreclosure of mortgages (judicial foreclosure).
- Fla. Stat. § 45.031, Sale of property under judgment.
- Fla. R. Civ. P. 1.140(a)(1), time to serve a responsive pleading (20 days after service).
- Fla. Stat. ch. 713, Liens (including construction liens under Chapter 713).
The statute summaries on this page are paraphrased. Read the official text before relying on any of them.
See the data
Florida Lis Pendens filings, pulled on a daily schedule.
Lispend pulls LP filings from FL county clerks on a daily schedule and ships them as a clean, skiptrace-ready CSV.
Questions? Email the team — every email reaches us directly.