If a notice of lis pendens has been recorded against your home, or you have just been served with a foreclosure complaint, it is natural to fear that the house is already gone. It is not. A lis pendens is a public warning that a lawsuit involves the property, not a transfer of ownership, and in most cases you can still sell. This guide explains what a lis pendens means in Florida, how it affects a sale, and how homeowners in Broward, Miami-Dade and Palm Beach counties can sell a house with a lis pendens before a foreclosure auction.
Quick answer: Yes, you can usually sell a house with a lis pendens in Florida. You remain the owner until a court-ordered sale is completed and your redemption rights end. In a foreclosure, the mortgage is normally paid off from the sale proceeds at closing, after which the case can be dismissed and the notice released. The earlier you act, the more options you keep.
What Is a Lis Pendens in Florida?
Lis pendens is Latin for a pending lawsuit. Under section 48.23, Florida Statutes, a lawsuit operates as a lis pendens on a property once a notice is recorded in the official records of the county where the property sits. The notice names the parties, the court and the case, describes the property and states what the plaintiff is asking for.
Think of it as a flag on the title. Anyone who checks the public record, including title companies and buyers, can see that a court case may affect the property. It does not mean a judge has ruled against you, and on its own it does not set an auction date.
Can You Sell a House With a Lis Pendens?
Yes, but the notice has to be dealt with. A buyer who purchases while the case is open generally takes the property subject to the outcome of that case, which is why a title company will not insure the purchase until there is a clear plan to resolve it. For a homeowner facing foreclosure, that plan is usually straightforward:
- The sale pays the lender. The closing agent uses the proceeds to pay the mortgage in full, along with any other liens that must be cleared.
- The lawsuit ends. Once paid, the lender can dismiss the case.
- The notice comes off the record. The dismissal or a recorded release clears the lis pendens from the title.
A sale like this works when the price covers what is owed. If it does not, read our comparison of a short sale vs. a cash sale in Florida, because the lender would need to agree to accept less.
How Much Time Do You Have to Sell?
Florida foreclosures go through the courts, so your timeline depends on the case. Our Florida foreclosure timeline covers each stage in depth. This table shows what each one means for a sale.
| Stage | What is happening | Can you still sell? | Your priority |
|---|---|---|---|
| Missed payments | Federal servicing rules generally bar a first foreclosure filing until the loan is more than 120 days past due | Yes, with the most options | Contact the servicer and compare your options |
| Complaint filed and lis pendens recorded | The lawsuit is public and you have a deadline to respond | Yes | Calendar your response date and get a payoff figure |
| Final judgment entered | The court sets a sale date, generally 20 to 35 days after the judgment | Yes, but time is short | Confirm the sale date and speak with an attorney |
| Auction held | The property is sold, online in Broward and Miami-Dade | Only until redemption rights end | Get legal advice immediately |
| After the sale | Title passes once the sale is finalized; any surplus may be claimable | No | Check whether a surplus exists |
Your right to redeem generally lasts until the later of the filing of the certificate of sale or the time specified in the final judgment (section 45.0315). If a sale produces money beyond what is owed, the owner of record on the date the lis pendens was filed is presumed entitled to claim the surplus (section 45.032), so do not assume that anything left over will reach you automatically.
How to Sell a House With a Lis Pendens, Step by Step
- Read the notice and the case docket. Find the case number on the clerk of court’s website and note every deadline and any sale date.
- Request a payoff statement. Federal rules require your servicer to send an accurate payoff statement within seven business days of a written request, and it can come through someone acting on your behalf. Payoffs in foreclosure often include attorney fees and costs, so do not rely on your last mortgage statement.
- List everything else on the title. Second mortgages, HOA or condo liens, code enforcement liens and unpaid property taxes all have to be handled at closing.
- Compare your realistic options. Weigh what you would keep and how long each route takes against the time left in your case.
- Choose a closing date that leaves a margin. Give the title company your case number and sale date on the first day, so it can plan around them.
- Keep up with the court case. An accepted offer does not pause anything. If the closing will fall close to the sale date, ask your attorney about a motion to cancel or reset the sale.
When the Lis Pendens Is Not a Foreclosure
Not every notice comes from a mortgage lender. An heir seeking a court-ordered partition, a former spouse, a contractor with a construction lien or a condominium association can all record one. The route to clearing it depends on the claim: it may be settled and released at closing, or a court may need to resolve it first.
Timing can also differ. A notice tied to a recorded instrument, such as a mortgage or a lien under Part I of Chapter 713, generally lasts while the case is pending. Other notices can expire one year after the case starts unless a court extends them, and a judge has authority to discharge a notice in some of those cases. A Florida real estate attorney can tell you which rules apply to yours.
Your Options Once a Lis Pendens Is Recorded
- Reinstate or modify the loan. If you want to stay and can afford to catch up, ask the servicer about reinstatement or loss mitigation. Federal rules offer the most protection when a complete application is received more than 37 days before a sale.
- List with an agent. This can work when you have equity, time and a house that shows well, but financed buyers and repairs can run past your court dates.
- Pursue a short sale. This is an option when you owe more than the house can sell for, though lender approval can take months.
- Sell directly for cash. With no financing contingency or showings, this suits owners who need a firm date or whose house needs work.
For a broader look, see our guide on how to avoid foreclosure in South Florida. If the problem is complicated by a death in the family, read about selling a house in probate too, because someone must have authority to sign.
Protect Yourself From Foreclosure Rescue Scams
A recorded lis pendens is public, so expect letters, calls and visits from strangers. Be wary of anyone who asks for fees upfront, tells you to stop talking to your lender or attorney, or asks you to sign over your deed with a promise that you can rent or buy the house back later. Florida’s foreclosure rescue law, section 501.1377, sets strict rules for many of these arrangements. Read every document before signing, and use our checklist on how to choose a cash home buyer to vet anyone who approaches you.
Selling a House in Foreclosure in South Florida
Property Solution Services has purchased more than 900 homes since 2016 from our office in Plantation. We work with owners across Broward County, Miami-Dade County and Palm Beach County, including Plantation, Lauderhill, Miami, Hialeah and Miami Gardens. You get an offer within 24 hours, sell as-is, pay no commissions, and can close in as little as 7 days when the title work allows. We pay the closing costs.
Tell us your sale date when you call so we can tell you candidly whether the timing can work. We can be reached at (954) 693-9333. To see how we handle other difficult situations, visit our page on selling your house in any situation. Para información en español, lea cómo evitar el foreclosure en Florida.
Frequently Asked Questions
Can I sell my house if there is a lis pendens on it?
Yes. A lis pendens does not take away your ownership. You can sell, but the title company will require the lawsuit to be resolved at or after closing. In a foreclosure, that usually means paying the lender in full from the sale proceeds so the case can be dismissed and the notice released.
Does a lis pendens mean I am being foreclosed on?
Not always. It means a recorded lawsuit involves the property. Foreclosure is the most common reason, but it can also come from an HOA or condo association lien, a dispute between co-owners, a construction lien or another claim. The notice names the parties, the court and the relief sought.
How long does a lis pendens last in Florida?
A notice in an action founded on a recorded instrument, such as a mortgage, generally stays in effect while the case is pending. Other notices can expire one year after the case begins unless a court extends them. It is usually removed when the case is dismissed or when a release is recorded.
How close to the foreclosure sale can I sell my house?
In principle, until your right of redemption ends, which is the later of the filing of the certificate of sale or the time set in the final judgment. In practice, leave as much room as you can. Title work and the payoff take time, and if closing falls near the sale date, your attorney may need to ask the court to cancel or reset the sale.
What if I owe more than the house is worth?
A standard sale may not work because the proceeds will not pay the lender in full. A short sale, where the lender agrees to accept less, may be the better route. Ask for written terms on any remaining balance before you agree to it.
Will the foreclosure case stop once I accept an offer?
No. An accepted offer does not pause the case or the sale date. Keep responding to court deadlines until the lender has been paid and the case is dismissed, and consider speaking with a Florida foreclosure attorney about your deadlines.
This article is general information, not legal advice. Foreclosure deadlines and lis pendens rules depend on your case, so consult a Florida real estate or foreclosure attorney about your situation.
Written by the Property Solution Services team, Plantation, FL.