Can I sell with a lis pendens on the property?
It's very difficult because title companies won't insure around it. The lawsuit typically needs to be resolved or the lis pendens vacated first.
How do I get a lis pendens removed?
You can resolve the underlying lawsuit, negotiate a settlement, or ask the court to cancel (vacate) the lis pendens if it was improperly filed.
Does a lis pendens mean I'm losing my home?
Not necessarily. A lis pendens is a notice of pending litigation — not a judgment. You still own the property. The outcome depends on the underlying lawsuit.
Can I refinance with a lis pendens on record?
It's extremely difficult. Most lenders won't approve a new loan on a property with a title cloud. Resolving or vacating the lis pendens is usually a prerequisite.
Who can file a lis pendens against my property?
Anyone who has filed a lawsuit affecting the property — lenders in foreclosure, ex-spouses in divorce, contractors in mechanic's lien disputes, boundary dispute claimants, or business partners in ownership disputes.
How long does a lis pendens last?
In New York, a lis pendens is valid for three years from the date of filing and can be extended by court order. If the underlying lawsuit is resolved sooner, the lis pendens can be canceled immediately.
Can a lis pendens be filed without my knowledge?
Yes. It's filed with the county clerk's office as a public record. You may not know about it until you try to sell, refinance, or receive notice of the underlying lawsuit.
What's the difference between a lis pendens and a lien?
A lien is a financial claim against the property (like unpaid taxes or a mortgage). A lis pendens is a notice of pending litigation that may or may not result in a lien or ownership change. Both cloud the title.
