What is a lis pendens?
A lis pendens is a notice of pending litigation filed in the county clerk's office that indicates a foreclosure action has been commenced against a property in New York, placing a cloud on the title.
When a lender initiates a judicial foreclosure action in New York, they file a lis pendens in the county clerk's office where the property is located. This Latin phrase meaning "suit pending" is a formal notice that alerts the public and any potential buyers that litigation affecting ownership of the property is underway.
A lis pendens creates what is known as a cloud on title. Once filed, the notice becomes part of the property's public record and binds any subsequent purchaser to the outcome of the foreclosure case. This prevents a property from being sold without addressing the pending lawsuit. Any buyer who takes title after a lis pendens is filed accepts the property subject to whatever judgment the court ultimately enters, making the property essentially unmarketable until the foreclosure resolves.
In the Hempstead Metro area, the lis pendens is recorded with the county clerk in Nassau County. The filing occurs early in the judicial foreclosure process and remains in effect throughout the litigation. The notice protects the lender's interest by ensuring the property cannot change hands in a way that would interfere with the foreclosure proceeding. Understanding lis pendens is important for homeowners facing foreclosure, as it signals that the matter has formally entered the court system. Homeowners and borrowers at this stage typically benefit from consulting with foreclosure defense attorneys who can advise on response options and potential remedies available under New York law.