If you have received a notice that a lis pendens has been filed against your Hillsborough County home, your first reaction is probably fear. That is understandable — but it is also premature. A lis pendens is not a foreclosure sale. It is not an eviction notice. It is the beginning of a legal process, and you still have time to act.
This guide explains exactly what a lis pendens means in Hillsborough County, what the timeline looks like from this point forward, and every option you have to protect your home or protect your financial future.
What a Lis Pendens Actually Is
In Florida, a lis pendens (Latin for "suit pending") is a document recorded in the official public records that provides notice that a lawsuit has been filed involving the property described in the document. In a mortgage foreclosure, your lender records the lis pendens at the same time — or very close to the same time — as filing the foreclosure complaint with the circuit court.
In Hillsborough County, lis pendens documents are recorded with the Clerk of Court and are searchable by anyone at hillsclerk.com. The recording creates what is called a "cloud on title" — a legal encumbrance that makes it difficult (but not impossible) to sell or refinance the property without first resolving the pending lawsuit.
The lis pendens does not:
- Transfer ownership of your home.
- Require you to vacate immediately.
- Guarantee that you will lose the property.
- Prevent you from living in, maintaining, or improving the home.
What it does is start the clock on the foreclosure process.
The Hillsborough County Foreclosure Timeline After Lis Pendens
From the lis pendens filing, the Hillsborough County foreclosure process — handled through the 13th Judicial Circuit at the George E. Edgecomb Courthouse, 800 E Twiggs St, Tampa, FL 33602 — follows this general timeline:
| Stage | Typical Timeframe After Lis Pendens |
|---|---|
| Foreclosure complaint served on homeowner | Weeks 1-4 |
| 20-day answer deadline | Day 20 after service |
| Default judgment (if no answer filed) | Months 1-3 |
| Summary judgment hearing (contested cases) | Months 3-9 |
| Final judgment entered | Months 6-14 |
| Foreclosure sale at auction | Months 8-16 |
The most critical date is the 20-day answer deadline. If you are served with the complaint and do not respond, the lender will move for a default judgment — and the case moves dramatically faster toward auction.
Can You Still Sell Your Home After a Lis Pendens?
Yes. This is one of the most important things to understand. A lis pendens puts a cloud on title, but it does not lock the property. You can still sell your home during a pending foreclosure. Here is how it works:
- You list the home on the open market. Buyers are aware through title search that a foreclosure is pending — this is disclosed in the contract.
- At closing, the title company pays off your mortgage from the sale proceeds. Paying off the mortgage satisfies the underlying debt and the foreclosure case is dismissed.
- The lis pendens is removed as part of the closing process when the mortgage payoff is recorded.
- If you have equity above your mortgage balance and closing costs, you receive the remaining proceeds.
Hillsborough County home values — in Brandon, Riverview, Valrico, Plant City, Lutz, and throughout the county — have appreciated significantly over the past several years. Many homeowners facing foreclosure have more equity than they realize. A pre-foreclosure sale is often the best outcome available.
What If I Owe More Than My Home Is Worth?
If you are underwater — your mortgage balance exceeds the current market value — selling still may be an option through a short sale. In a short sale, your lender agrees to accept less than the full mortgage payoff. You still need lender approval, and the process takes longer, but it is far less damaging to your credit than a completed foreclosure.
Other options when underwater include loan modification, forbearance agreements, and Chapter 13 bankruptcy. Each has different implications for your timeline, credit, and ability to buy again in the future.
Your Rights After a Lis Pendens in Hillsborough County
- Right to respond: You have 20 days from service to file a written answer to the foreclosure complaint. You can raise defenses — including lack of standing, improper notice, errors in the loan documents, or payment disputes.
- Right to reinstatement:Under most loan agreements and Florida law, you can reinstate a defaulted mortgage by paying all past-due amounts before the final judgment is entered. Contact your servicer's loss mitigation department to get a reinstatement quote.
- Right to loss mitigation: Federal law (RESPA) requires your servicer to review a complete loss mitigation application before proceeding to a foreclosure judgment. Submit a written application to trigger this protection.
- Right to remain in your home: You are not required to move until a final judgment is entered, the foreclosure sale occurs, and the new owner goes through the formal eviction process — which adds additional weeks or months.
How Barrett Henry Helps Hillsborough County Homeowners
Barrett Henry is a REALTOR and Broker Associate at REMAX Collective with 23+ years of real estate experience. He works throughout Hillsborough County — Brandon, Riverview, Valrico, Sun City Center, Plant City, Tampa, and surrounding areas. He is not an attorney and cannot provide legal advice.
After a lis pendens is filed, Barrett can:
- Provide a current market analysis to determine whether you have equity to work with.
- Walk you through what a pre-foreclosure sale looks like in your specific Hillsborough County neighborhood — price, timeline, and net proceeds.
- Explain the difference between a standard sale and a short sale, and what each requires from you.
- Help you understand how much time you have before options begin to close.
Call Barrett at (813) 733-7907 — free, no-obligation consultation. No judgment, no pressure.
Free Help for Hillsborough County Homeowners
- Tampa Bay CDC — Free HUD-approved housing counseling.
- Bay Area Legal Services — Free legal aid for qualifying residents.
- Florida Bar Lawyer Referral Service — (800) 342-8011.
- Hillsborough County Clerk — Case search at hillsclerk.com.
- HUD Counselors — Free loss mitigation guidance from federally approved counselors.
A lis pendens is not the end. Contact us today to find out what your options are — (813) 733-7907.
MARS Rule Disclosure: Barrett Henry is a licensed real estate professional, not an attorney. Nothing on this page constitutes legal advice. You are not required to use a third-party service. Contact your mortgage servicer directly at no cost to discuss loss mitigation options.
