Barrett Henry is a Broker Associate at REMAX Collective with 23+ years of Florida real estate experience helping homeowners clear title issues after curing mortgage defaults throughout all 67 Florida counties. He provides direct service in the Tampa Bay area and referral connections statewide.
Successfully reinstating your Florida mortgage and curing a default is a major accomplishment -- it stops the foreclosure and lets you keep your home. But many homeowners are surprised to discover that even after the reinstatement payment is accepted and applied, a lis pendens (the lawsuit notice recorded at the start of the foreclosure) remains in the public land records until the lender's attorney takes specific steps to remove it. This can affect your ability to sell, refinance, or do anything else that requires a clear title. This guide explains exactly what needs to happen after reinstatement to get that lis pendens removed and your title cleared.
Why a Lis Pendens Is Filed and What It Does to Your Title
When a lender files a foreclosure lawsuit in Florida, they simultaneously record a lis pendens in the county's official public land records -- typically with the clerk of court -- under Florida Statute § 48.23. This notice tells anyone who runs a title search on the property that a lawsuit affecting ownership is pending. It is a public warning that the property's title is in dispute.
While a lis pendens is on record, your title is "clouded" -- it is not considered clear and marketable. Title insurance companies will not issue a policy without an exception for the lis pendens, and most mortgage lenders will not approve financing for a buyer of your property, or a new loan for you. Even after the underlying problem (the mortgage default) is resolved, the lis pendens stays on record until someone takes formal steps to remove it from the land records.
Understanding how the lis pendens fits into the broader timeline is helpful -- see our Florida foreclosure process overview for the full picture of when each event occurs from filing to sale.
What Reinstatement Actually Does (and Does Not Do)
Reinstatement under Florida Statute § 702.03 gives you the right to cure a mortgage default by paying all arrears, late fees, attorney fees, and costs that have accumulated -- essentially bringing the loan completely current as if the default never happened. Once you pay the reinstatement amount and the servicer applies the payment, the foreclosure stops. The lender cannot proceed to final judgment once the loan is fully reinstated.
However, reinstatement is a contractual and financial event between you and the servicer. It does not automatically trigger any court filings. The foreclosure lawsuit is still technically open in the circuit court until the lender's attorney files a voluntary dismissal. And the lis pendens is still recorded in the land records until either a discharge is recorded or the dismissal of the case accomplishes the same result. You need both of those steps to happen before your title is clean. Visit our Florida mortgage reinstatement page for a detailed explanation of how the reinstatement payment process works.
The Two Steps That Clear Your Title After Reinstatement
To fully clear your title after reinstating a Florida mortgage, two separate things need to happen:
- Step 1: The foreclosure case must be dismissed. The lender's attorney files a Notice of Voluntary Dismissal with the circuit court under Florida Rule of Civil Procedure 1.420(a)(1). This closes the court case. Most servicers' attorneys handle this routinely within 30 to 60 days of receiving the reinstatement payment, but it is not instantaneous and it is not automatic.
- Step 2: The lis pendens must be released in the land records. A dismissal of the court case does not automatically update the county's public land records. Either the attorney must record a separate discharge of lis pendens, or the recording of the dismissal order accomplishes the same result. This is the step that actually clears the cloud from your title.
After reinstatement, call your servicer and ask for written confirmation of: (a) the exact date the reinstatement payment was applied; (b) when the attorney has been instructed to file the dismissal; and (c) when the lis pendens will be released from the public records. Keep copies of every communication.
What to Do If the Lis Pendens Is Not Released After 60 Days
If your servicer has confirmed that the reinstatement was accepted but 60 or more days have passed without a lis pendens release being recorded, take the following steps:
- Search the circuit court's online case records to see whether the foreclosure case has been dismissed. Every Florida county clerk maintains searchable public records.
- Search the county's official land records to see whether a discharge of lis pendens has been recorded against your property address or parcel number.
- Send a written request to your servicer -- by certified mail and email -- asking for confirmation of the dismissal filing date and the lis pendens release recording information.
- If you believe the servicer has failed to act in a reasonable time and this is causing you harm (for example, you cannot close on a pending sale), consult a Florida real estate attorney about compelling the release.
In some cases, a servicer's attorney simply overlooks the recording step. A formal written demand usually resolves the issue. If you need broader help navigating the servicer relationship, review the resources at our free resources page or consider reaching out to a HUD-approved housing counselor at 1-800-569-4287. See our post on HUD counseling for Florida foreclosure to find an approved agency near you.
Lis Pendens Release When a Loan Modification Replaces Reinstatement
If instead of a lump-sum reinstatement you resolved your foreclosure through a loan modification, the process is slightly different. Most servicers will not dismiss the foreclosure case and release the lis pendens until the trial modification period is complete and the permanent modification agreement is executed. Some servicers maintain a "hold" on the dismissal until you have made all trial period payments and signed the permanent modification documents. If your modification has been finalized but the lis pendens has not been released, contact the servicer's attorney directly with your permanent modification agreement as documentation. Read our Florida loan modification guide for guidance on completing the modification process correctly.
How Lis Pendens Affects Your Ability to Sell or Refinance
If you are in a situation where you have cured your default but want to sell your home -- perhaps to move, downsize, or take advantage of market conditions -- a pending lis pendens is a serious obstacle. Any buyer's title company will flag it, and any lender approving a purchase loan will require clear title. You cannot close on a sale with an unreleased lis pendens outstanding unless the buyer's title company is willing to insure over it with an exception, which is rare and which most buyers will not accept.
Similarly, if you want to refinance after reinstating your loan, your new lender will require a clean title search. An unreleased lis pendens will prevent the new loan from closing. If you are in this situation and want to explore your selling options, see our sell before foreclosure page or contact us through our free help form to discuss your specific circumstances. For those who want to understand the full range of options still available, our 8 ways to stop a Florida foreclosure page covers reinstatement, modification, short sale, and bankruptcy side by side. Our foreclosure checklist can help you track which steps have been completed and what still needs to happen.
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