What is a lis pendens?
A lis pendens is a notice of pendency recorded against a property to notify the public that a lawsuit, typically a foreclosure action, is pending against that property in New York.
When a foreclosure lawsuit begins in New York, the lender (or their attorney) files a notice of pendency, commonly called a lis pendens, in the county clerk's office where the property is located. In the Islip Metro area, this would be filed in the Suffolk County clerk's office. The lis pendens serves as a public record that a lawsuit affecting the property's title is underway.
The notice creates a cloud on the title of the property. Once recorded, it alerts potential buyers, lenders, and other interested parties that the property is the subject of active litigation. This has real consequences: it makes the property harder to sell or refinance, since title companies will flag the pending lawsuit and most buyers or lenders will not proceed until the foreclosure is resolved.
The lis pendens remains in effect for as long as the foreclosure case is pending. If the lender obtains a judgment and the property is sold at auction, the lis pendens is discharged as part of the foreclosure sale process. If the borrower cures the default or the case is dismissed, an attorney typically files a notice of discontinuance to remove the lis pendens from the record.
For property owners facing foreclosure, understanding the lis pendens is important because it affects the marketability of your property during the litigation. Attorneys handling foreclosure defense litigation often address lis pendens issues as part of their strategy to protect borrowers' interests.