How to Remove a Lis Pendens in Florida: What Homeowners Need to Know

October 27, 202611 min readBy Barrett Henry, REALTOR®Last updated: October 27, 2026

When a lender files a foreclosure complaint in Florida, the first public sign is the recording of a lis pendens in the county property records. From that moment, your property title is clouded -- buyers, lenders, and title companies see an active foreclosure lawsuit that prevents a clean sale until the lis pendens is removed.

This guide explains what a lis pendens is, how long it stays, and how to remove it -- whether you resolve the foreclosure through a sale, modification, or other means.

What Is a Lis Pendens in Florida?

Under Florida Statute 48.23, a lis pendens is a notice recorded in the official records of the county where the property is located. It puts any potential buyer or lender on constructive notice that a lawsuit (in this case, a foreclosure complaint) is pending and could affect ownership of the property.

In a mortgage foreclosure, the lender records the lis pendens simultaneously with filing the complaint in circuit court. You can see the lis pendens by searching the county clerk's online records or checking your property records with the county property appraiser. See our full guide on what a lis pendens means for Florida homeowners.

How a Lis Pendens Affects a Florida Property Sale

A lis pendens does not legally block a sale, but it creates major practical obstacles:

Title insurance: Most title companies will not issue a clean title insurance policy on a property with an active lis pendens without resolving the underlying foreclosure.
Buyer financing: Most conventional, FHA, VA, and USDA lenders will not fund a mortgage for a buyer purchasing a home with an open foreclosure lis pendens.
Market impact: A lis pendens is visible in public records and can deter or reduce offers from traditional buyers who want a straightforward transaction.

Cash investors will purchase properties with active lis pendens -- this is how many distressed properties are sold -- but typically at a discount to reflect the risk and complication.

How to Remove a Lis Pendens in Florida

The most common way to remove a lis pendens is to resolve the underlying foreclosure lawsuit:

Pre-foreclosure or short sale: Sell the home, pay off the mortgage at closing, and the lender dismisses the foreclosure case. The dismissal removes the lis pendens. The title company handling the sale coordinates this process. See our guide to selling before foreclosure in Florida.
Loan reinstatement: Pay all missed payments, fees, and costs to bring the loan fully current. Once reinstated, the lender must dismiss the foreclosure case (under Florida Statute 702.10(2)), removing the lis pendens.
Loan modification or workout: If the lender approves a modification, repayment plan, or other workout that resolves the default, they should dismiss the foreclosure case. Get this in writing before executing a modification agreement.
Payoff at refinance: If you qualify to refinance into a new mortgage, the payoff of the old mortgage at closing resolves the lien and requires the lender to dismiss the case.
Chapter 13 bankruptcy confirmation: A confirmed Chapter 13 plan that fully cures mortgage arrears entitles you to dismissal of the foreclosure case and removal of the lis pendens upon completion of plan payments. See our guide on Chapter 13 bankruptcy and foreclosure in Florida.

Checking Your Lis Pendens Status

You can check whether a lis pendens is recorded against your property through your county clerk's online public records search. Search your name or property address in the official records or the civil case database. The foreclosure case number and lis pendens recording information will be listed.

See our guide on how to check your foreclosure status in Florida.

Zombie Mortgages and Old Lis Pendens Records

Some Florida homeowners discover old, unresolved lis pendens records when they go to sell a property -- cases filed years or decades ago that were never resolved. This is the “zombie foreclosure” problem. See our full guide on zombie mortgages in Florida. If you have an old lis pendens on your property, consult a Florida foreclosure attorney to determine the status of the underlying case and how to address it.

Free Resources for Florida Homeowners

Florida Bar Lawyer Referral Service -- (800) 342-8060 for a local foreclosure attorney.
HUD-Approved Housing Counselors -- hud.gov/counseling or (800) 569-4287.
Barrett Henry, REALTOR -- REMAX Collective -- 23+ years experience with Florida foreclosure and pre-foreclosure sales. Free consultation at (813) 761-0133 or submit your information online.

Call or text Barrett Henry at (813) 761-0133 for a free consultation. No cost, no obligation. Or submit your information online.

Related Resources for Florida Homeowners

This article is provided for general informational purposes only and does not constitute legal or financial advice. Florida foreclosure law and mortgage servicing rules are subject to change. Consult a licensed Florida attorney for advice specific to your situation. Barrett Henry is a licensed Florida real estate broker associate; this content does not create an attorney-client relationship.

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Barrett Henry has 23+ years of real estate experience helping Florida homeowners navigate foreclosure, short sales, and distressed property situations. He serves all 67 Florida counties with offices in Tampa, Largo, and Brandon.

(813) 761-0133

Frequently Asked Questions

What is a lis pendens in Florida?

Lis pendens is a Latin term meaning "suit pending." In Florida, a lis pendens is a notice recorded in the county property records (under Florida Statute 48.23) alerting potential buyers, lenders, and title companies that a lawsuit involving the property is pending in court. In a foreclosure, the lender records a lis pendens when it files the foreclosure complaint. The lis pendens puts the world on constructive notice that the property is subject to a pending legal action that could affect ownership.

How does a lis pendens affect my ability to sell my Florida home?

A lis pendens does not legally prevent you from selling your home, but it significantly complicates a sale. Buyers and their lenders discover the lis pendens in a title search, which reveals an active foreclosure lawsuit. Most conventional lenders will not fund a new mortgage for a buyer purchasing a property with an active lis pendens because the lender cannot get clear title insurance. Cash buyers may purchase with a lis pendens, but typically at a discount. The lis pendens is removed at closing when the mortgage is paid off -- which is how a pre-foreclosure sale resolves it.

How long does a lis pendens stay on a Florida property?

A Florida lis pendens does not expire automatically -- it remains in the public record until one of the following occurs: (1) The underlying lawsuit is dismissed (the lender voluntarily dismisses the foreclosure). (2) A Final Judgment of Foreclosure is entered (the foreclosure is completed). (3) The parties settle and the lender records a satisfaction of mortgage or a lis pendens discharge. (4) The court enters an order discharging or dissolving the lis pendens. In a long-running foreclosure case, a lis pendens recorded in 2010 may still appear in the property records in 2026 if the case was never resolved -- this is the "zombie foreclosure" problem.

Can a homeowner get a lis pendens removed before the foreclosure is resolved?

In limited circumstances, a homeowner can petition the court to discharge or dissolve a lis pendens under Florida Statute 48.23(3). The court may dissolve a lis pendens if the movant shows the lis pendens is being used improperly or does not apply to the property as described, or if a bond is posted to substitute for the lis pendens. For a legitimate lender-filed foreclosure lis pendens, discharge before resolution is rare -- the lender has a statutory right to maintain the lis pendens while the foreclosure is pending. The most common path to removal is resolving the underlying foreclosure through sale, loan reinstatement, or modification.

What happens to the lis pendens when I sell my Florida home before foreclosure?

When you sell your Florida home in a pre-foreclosure sale (or short sale), the mortgage is paid off at closing. After closing, the lender records a Satisfaction of Mortgage in the public records, and the foreclosure case is dismissed. The lis pendens is effectively discharged by the dismissal of the underlying lawsuit. The title company closing the transaction handles the mechanics -- they require the lender to confirm dismissal and release as a condition of issuing title insurance to the buyer.

What is a zombie foreclosure and how does a lis pendens stay on a property for years?

A zombie foreclosure occurs when a lender files a foreclosure complaint and records a lis pendens but then fails to pursue the case to judgment for months or years. This can happen when the lender's servicer changes, when the loan is in a stalled securitization trust, or when a deficiency is so large the lender delays. The homeowner may leave the property thinking the foreclosure is complete, but the lis pendens and the lawsuit remain open. The homeowner may still own the property (and owe property taxes) even years later. If you have an old lis pendens on your property, consult a Florida foreclosure attorney to determine the current status of the case.

Can a foreclosure lis pendens be removed if the lender violates CFPB rules?

Yes, in some cases. If a lender filed a foreclosure complaint while a complete loss mitigation application was under review -- a violation of CFPB Regulation X (12 CFR 1024.41) known as "dual tracking" -- you may have grounds to seek a court order dismissing the complaint and discharging the lis pendens, or to assert dual tracking as a defense to the foreclosure. Florida courts have recognized CFPB dual tracking violations as a basis for dismissal in some cases. This requires a Florida foreclosure attorney to evaluate and pursue.

Does a lis pendens appear on my credit report?

A lis pendens is a public property record, not a credit account -- it does not appear on your credit report directly. However, the missed mortgage payments that led to the foreclosure do appear on your credit report and affect your score significantly. The foreclosure itself (if completed) also appears on your credit report for 7 years. Resolving the foreclosure through a pre-foreclosure sale before the lis pendens matures into a final judgment limits the credit damage to the missed payments, without the foreclosure judgment.

Florida Foreclosure Guides

Understanding your options is the first step. These guides break down every path available to Florida homeowners.

→How Foreclosure Works in Florida →Ways to Stop a Foreclosure →Loan Modification Options →Short Sale Guide →Foreclosure vs. Short Sale →Lis Pendens Explained →Get a Cash Offer →Sell Before Foreclosure

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