Lis Pendens In Florida: What It Means And What Happens Next
You were served a lis pendens. Here's exactly what it means, how much time you have, and whether you can still sell your house in Florida. Plain English.
You were served with legal papers. Somewhere on them are the words lis pendens, and you’re trying to find out how bad this is.
Here’s the honest answer: it’s serious, but it is not the end, and you have more time and more options than you probably think.
Let’s go through it.
What a lis pendens actually is
Lis pendens is Latin for “suit pending.” It’s a notice recorded in the county’s public records announcing that a lawsuit has been filed that affects the title to a specific piece of property.
It is governed by Fla. Stat. §48.23.
That’s all it is - a public notice. It is not:
- A judgment
- An eviction
- A transfer of ownership
- A foreclosure sale
- A lien in itself
You still own your house. You can still live in it. You can still sell it. Nobody is taking your keys this week.
What a lis pendens does is warn the world. Anyone who searches the title sees the pending lawsuit, and anyone who buys or lends against the property takes it subject to whatever the court eventually decides. Practically, it freezes normal transactions until it’s resolved - a buyer can’t get title insurance or a mortgage while it’s outstanding.
Why you got one
In the overwhelming majority of cases: your lender filed a foreclosure lawsuit.
Florida is a judicial foreclosure state. Lenders can’t just auction your house - they have to sue you in circuit court, and the lis pendens is recorded when the complaint is filed. It’s step one of the lawsuit, not the last step.
Lis pendens also gets filed in other property disputes - divorce cases involving real estate, quiet title actions, partition suits among heirs, contractor lien claims, and specific-performance suits over a contract. Read the complaint attached to your papers; it will say who’s suing and why.
The critical deadline: you have 20 days
This is the most important thing on this page.
When you’re served with a Florida foreclosure complaint, you have 20 days from the date of service to file a written response with the court.
If you don’t respond, the lender can move for a default judgment. That means the case proceeds without you and you lose the ability to raise defenses. Default is the single most common reason Florida homeowners lose houses they might have kept.
Responding does not mean you have to fight and win. It means you keep your seat at the table and preserve your options. Even a simple answer buys months.
If you do one thing after reading this page, respond to the lawsuit or talk to a foreclosure defense attorney within 20 days. Many offer free consultations. Florida also has free legal aid organizations that handle foreclosure defense for qualifying homeowners.
What happens after - the real timeline
| Stage | Typical timing |
|---|---|
| First missed payment | Day 0 |
| Federal law bars foreclosure filing before 120 days delinquent | ~4 months |
| Lender files complaint + records lis pendens | Month 5–8 |
| Your 20-day window to respond | Immediately after service |
| Discovery, motions, mediation | Months |
| Summary judgment hearing | Month 10–16 |
| Final judgment entered | - |
| Auction date set - typically 20–35 days after judgment | Month 11–18 |
| Foreclosure auction | Month 12–18 |
| Certificate of title issued | ~10 days after sale, if no objection |
Uncontested Florida foreclosures typically run 8 to 18 months from first missed payment to auction. Contested cases run 18 to 36 months. County court backlogs vary - Orange, Osceola, and Polk have all seen delays.
You almost certainly have more time than you think. But time only helps if you use it.
Yes, you can still sell your house
This is the thing most people don’t know.
A lis pendens does not prevent a sale. You still hold title. You can sell right up until the certificate of title is issued after the auction.
Here’s how it works: at closing, the sale proceeds pay off the mortgage in full. Once the lender is paid, they’re required to dismiss the foreclosure and release the lis pendens. The lawsuit ends. No foreclosure on your record.
Two practical requirements:
- You need enough value to pay off the loan - including accrued interest, late fees, and the lender’s attorney fees, which add up fast. Get a written payoff quote from your servicer.
- You need to close before the auction. Once the certificate of title issues, the house isn’t yours to sell.
If you have equity, selling before the auction is almost always better than letting it go. You protect your credit, you capture your equity instead of losing it at auction, and you end the deficiency exposure.
If you’re underwater, a normal sale won’t work - you’d need a short sale. See what is a short sale.
How long a lis pendens stays effective
Under §48.23, a lis pendens generally expires one year from the start of the action - unless the claim is based on a duly recorded instrument or a construction lien under Chapter 713.
A mortgage foreclosure is based on a recorded instrument (the mortgage). So in foreclosure cases the lis pendens typically remains effective for the life of the case without needing renewal. Don’t count on it lapsing.
It gets removed when the case is dismissed, the mortgage is satisfied, or the court discharges it.
The deficiency judgment risk
If the house sells at auction for less than you owe, the lender can pursue you for the difference.
- Fla. Stat. §702.06 allows a deficiency. For owner-occupied residential property of one to four units, the amount is capped at the difference between the judgment amount and the property’s fair market value on the date of sale.
- Fla. Stat. §95.11(5)(h) gives them one year from the foreclosure sale or issuance of the certificate of title - whichever is later - to file the deficiency action.
This is a real risk of letting it go to auction, and it’s a strong argument for resolving it beforehand.
Your options, honestly
Reinstate the loan. Pay all past-due amounts plus fees and the loan returns to current. Best outcome if you can fund it. Request a written reinstatement quote from your servicer.
Loan modification. Ask your servicer for a loss mitigation application. Under federal rules, a complete application submitted more than 37 days before a scheduled sale generally requires the servicer to pause and evaluate it. Free to apply. Do this first.
Forbearance or repayment plan. Short-term relief if the hardship is temporary. See mortgage forbearance.
Sell it. If you have equity and time, this protects both your credit and your money.
Short sale. If you’re underwater and can document hardship.
Deed in lieu of foreclosure. Hand the deed over voluntarily. Faster and slightly less damaging than foreclosure, but you get nothing.
Bankruptcy. Chapter 13 can stop a foreclosure sale and let you cure arrears over three to five years. Chapter 7 delays it. Talk to a bankruptcy attorney - this is a real tool, not a last resort.
Let it go. Sometimes the math genuinely says walk. Know the deficiency exposure first.
When selling for cash makes sense - and when it doesn’t
It makes sense when the auction date is close and a listing can’t close in time, when the house needs work you can’t fund, when you have equity you’d otherwise lose at auction, or when you simply need it over.
It doesn’t when you have months of runway and a house that shows well - list it, you’ll net more. And it can’t help at all if you’re deeply underwater; no cash buyer can pay off a loan that exceeds the value.
Anyone who tells you a cash sale is your only option isn’t being straight with you.
Frequently asked questions
What does lis pendens mean in Florida? A recorded public notice that a lawsuit affecting title to a property is pending. In most cases it means a foreclosure suit has been filed. Governed by Fla. Stat. §48.23.
Can I sell my house after a lis pendens is filed? Yes. You still own it. If the sale pays off the mortgage, the lender dismisses the foreclosure and releases the lis pendens. You must close before the certificate of title issues after auction.
How long do I have after a lis pendens is filed in Florida? You have 20 days from service to respond to the complaint. The full process to auction typically runs 8–18 months uncontested.
Does a lis pendens mean I lost my house? No. It’s the beginning of the lawsuit, not the end.
How do I get a lis pendens removed? It’s discharged when the case is dismissed, the debt is paid off, or the court orders it removed. Paying off the mortgage through a sale or refinance is the most common route.
Does a lis pendens show up on my credit report? Not directly - it’s a property record, not a credit record. But the missed payments that led to it do, and a foreclosure judgment will.
What if I ignore it? The lender gets a default judgment, the house goes to auction, and you may still owe a deficiency. Ignoring it is the worst available option.
General information about Florida law, not legal advice. Foreclosure defense is time-sensitive and fact-specific - talk to a Florida foreclosure defense attorney or a HUD-approved housing counselor immediately. Free legal aid may be available in your county.
Beach Bums Real Estate buys houses for cash in Orlando and Central Florida. If you’re facing a deadline and need to know what your house is actually worth and whether selling beats your other options, call (689) 249-4888. We’ll tell you honestly - including when the answer is “talk to a lawyer first.”
Weighing your options?
We buy houses for cash across Florida - but if listing your house would net you more, we’ll tell you that instead. No pressure, no obligation, no follow-up spam.