A lis pendens (Latin for "suit pending") is a recorded notice of pending litigation, such as a foreclosure or ownership dispute, that clouds a property's title. It alerts potential buyers and lenders that the property is involved in a lawsuit, effectively preventing its sale or refinancing until the case is resolved. 

Simply: Lis Pendens is the start of the Foreclosure process initiated by the lender. 

• A "Cloud" on Title: It alerts the world that the property is involved in a lawsuit.

• Purpose: It prevents a property owner from selling or transferring the property to an unsuspecting third party while a lawsuit is ongoing.

• Common Scenarios: Frequently used in foreclosure cases, divorce, property disputes, or lawsuits involving contractor liens.

• Effect: While it doesn't legally stop a sale, it effectively freezes activity because most buyers won't purchase a home with a pending lawsuit, and banks won't finance them.

• Duration: It remains attached until the lawsuit is resolved or the lis pendens is removed (expunged) by a court.

In Florida, a foreclosure usually takes 8 to 14 months from the initial lis pendens filing to the sale, though it can happen in as little as 90 days if uncontested. Borrowers have only 20 days to file a formal response to the lawsuit after being served to prevent a default judgment. source https://www.yourjacksonvilleattorney.com/20-day-rule

• Response Time: Upon receiving the summons and complaint (filed with the lis pendens), you have 20 days to file an answer to avoid an automatic default.

• Average Duration: While expedited, most contested cases last between 12 and 36 months, depending on defenses, court backlogs, and legal strategies.

• Fast-Tracked Scenarios: If the borrower takes no action, a default judgment and sale can occur within 90 days.

• Pre-Foreclosure (120+ Days): By federal law, lenders usually cannot file the lis pendens until the borrower is over 120 days delinquent. 

Answer the Complaint: 

• You must file an answer to the court within 20 days to contest the lender's

• Actively defending the case can delay the sale, allowing time for loan modification, short sale, or deed-in-lieu.

We've been there. 

You're not alone, and you have options. 

Staying Options:

• Negotiate with Lender: Loan Modification

• Hire an Attorney: File for Bankruptcy: Re-allocation of debt.

Going Options:

• Sell before the final judgment of Foreclosure (7 years on your credit)

• You do not need to fix up your house.

• Call MMG today! The lender is piling on fees every month. If you wait too long, your options may dry up.