🏠 What Is a Lis Pendens?

A lis pendens (Latin for “pending lawsuit”) is a public legal notice filed with the county clerk that indicates a lawsuit has been initiated involving the ownership or title of a specific property. In Florida, this is commonly filed by:

• Mortgage lenders beginning foreclosure proceedings, or

• Homeowners Associations (HOAs) attempting to collect unpaid dues or assessments.

Once recorded, the lis pendens becomes part of the property's official record, essentially serving as a legal warning to potential buyers, lenders, or title companies that the property is involved in a dispute. It places a “cloud” on the title, making it extremely difficult to sell or refinance the home until the issue is resolved.

---

 

🛑 Why a Lis Pendens Happens

A lis pendens is not a random filing—it usually results from a financial or legal issue involving the property. In Northwest Florida, the two most common reasons are:

 

📉 Missed Mortgage Payments

When a homeowner falls behind on their mortgage, the lender typically files a lis pendens as the first formal step in the foreclosure process. This doesn’t mean the home is lost—it just means legal action has begun, and the lender is signaling intent to take back the property unless the issue is resolved.

 

🏢 Unpaid HOA or Condo Association Fees

Homeowners’ associations (HOAs) and condo associations can also file a lis pendens if dues, special assessments, or fees are not paid. These associations have legal power to pursue foreclosure just like a bank.

In both cases, the filing is a legal notice that your property’s title is under dispute and may be affected by court action.

---

 

🔍 How to Check If a Lis Pendens Was Filed

Many homeowners are already aware of a lis pendens because they’ve received notices from their lender or HOA. But in some cases, it may come as a surprise.

You can verify if a lis pendens has been filed against your property by searching public court or land records through your local county clerk or property appraiser.

 

Use these public search tools:

• Walton County: Walton Clerk Official Records

• Bay County: Bay Clerk Official Records

• Okaloosa County: Okaloosa Clerk Records Search

• Washington County: Washington Clerk Records

• Santa Rosa County: Santa Rosa Clerk of Court Records

Most of these sites allow searches by name, address, or legal description. Look for document types like Lis Pendens, Notice of Default, or Foreclosure Complaint.

---

 

📅 Florida Foreclosure Timeline

Typical, uncontested judicial foreclosure from Day 0 (Lis Pendens filed) to title transfer. Actual time frames vary when the borrower contests the case, requests loss‑mitigation, files bankruptcy, or when the court docket is backlogged.

 

Approx. Day	Milestone	What Happens
0	Lis Pendens & Foreclosure Complaint Filed	Lender’s attorney records the lis pendens and starts the lawsuit.
1 – 10	Service of Process	Borrower is formally served (personal delivery, certified mail, or publication).
20	Answer Deadline	Borrower must file an answer or responsive motion within 20 days of service.
30 – 60	Default or Case Management	If no answer ➜ clerk enters default & lender moves for summary judgment. Contested cases go to discovery/mediation.
60 – 90	Summary‑Judgment Hearing / Trial Setting	Judge hears lender’s motion or sets a trial date.
90 – 120	Final Judgment of Foreclosure	Judge signs judgment and sets a sale date 20‑35 days out.
110 – 140	Notice of Sale Published	Clerk advertises the auction once a week for two consecutive weeks.
120 – 155	Foreclosure Auction	Highest bidder posts 5 % immediately and pays the balance by the next business day.
130 – 165	Certificate of Sale ➜ Certificate of Title	Clerk issues certificate of sale promptly; certificate of title 10 days later (absent objections).
135 – 180	Writ of Possession / Eviction	If former owner hasn’t vacated, new owner obtains sheriff’s writ and takes possession.

Median total time for an uncontested Florida foreclosure is roughly 135 days. Contested cases, bankruptcy filings, or loss‑mitigation reviews can extend the process by months (or years).

---

 

⏰ What a Lis Pendens Means for You

A lis pendens doesn’t mean your home is lost—but it does mean time is critical. Once filed, the legal process has started, and ignoring it could lead to foreclosure and eventual sale at auction.

Here’s what it means in practical terms:

• Your title is clouded — You likely can’t sell or refinance until it’s resolved.

• Your credit may be affected — Lenders and credit agencies may view the filing as a sign of financial distress.

• You have limited time — Foreclosure timelines vary, but in Florida, the process can move quickly if no action is taken.

The good news? You often have more control than you think—especially early in the process.

---

 

🛠 What Options Do You Have?

Every homeowner’s situation is different, but here are the most common options when facing a lis pendens:

 

✅ Bring Payments Current

If you can pay the past-due amount, the issue may be dismissed, and the lis pendens removed.

 

📝 Work Out a Payment Plan

Some lenders and HOAs are willing to negotiate payment plans or settlements—especially if you act early.

 

💸 Sell the Property

If you have equity, selling your home can often stop the legal process, protect your credit, and give you a clean exit. Our team specializes in helping with these sales—often at no cost to you.

 

🧑‍⚖️ Challenge the Filing

If the filing is inaccurate or invalid, you may be able to contest it legally—though this usually requires an attorney.

The key is acting before deadlines pass and legal judgments are entered.

---

 

🧭 What to Do Next

If you’ve discovered a lis pendens has been filed against your property—or you suspect one may be coming—here’s a suggested action plan:

1. Check the public record using your county’s website (see links above).

2. Read any notices you've received from your lender, HOA, or attorney.

3. Contact a real estate professional who understands the local market and lis pendens law.

4. Explore your options early—whether it’s catching up, negotiating, or selling.

5. Don’t wait until foreclosure is final—solutions are more effective the earlier you act.

Our team has helped hundreds of Florida homeowners through this exact situation—with no upfront costs, no pressure, and deep local knowledge. You don’t have to navigate this alone.