A notice of pendency (also known as a lis pendens) is a written notice of a judicial proceeding that affects the ownership of property.
A notice of pendency is most common in cases relating to real property and is typically filed in the public registry of the county where the affected real property is located. This serves as a provisional remedy, and gives constructive notice of the plaintiff’s claim to the real property. Any third party that records a purchase of or files an encumbrance against a property after a notice of pendency has been filed is subject to the result of the pending action described in the notice of pendency. Therefore, a notice of pendency effectively freezes the status of the involved property, protecting it from being sold or pledged before the action is resolved.
Rules regarding notice of pendency vary by state and each state’s civil procedure rules.
[Last updated in September of 2023 by the Wex Definitions Team]