Title Insurance
What Is a Lis Pendens on a Florida Title Search?
Direct answer
A Florida lis pendens is a notice, recorded in the official records of the county where the land sits, that a lawsuit claims an interest in the property. Under section 48.23, that lawsuit affects a later purchaser's title only if the notice is recorded and has not expired, been withdrawn, or been discharged. The notice has to name the parties, identify the case, name the court, describe the property, and state the relief sought. A notice is generally not effective more than one year after the case begins, unless the claim is founded on a recorded instrument such as a mortgage, or on a construction lien under part I of chapter 713, or a court extends the time. Time to Close Title does not close through an open lis pendens. We do not decide whether a notice has expired or should be discharged. Tell us the first day. The recorded withdrawal or discharge is what clears it.
Key takeaways
- A lis pendens is recorded notice of a lawsuit. It is not a mortgage and it is not a money judgment.
- Section 48.23 requires the notice in the official records of the county where the land sits.
- The one-year limit does not apply to a claim founded on a recorded instrument or a chapter 713 construction lien.
- A seller's statement that the case was dismissed is not a recorded discharge.
- We do not close through an open notice, and we do not file the discharge.
What is a lis pendens on a Florida title search?
It is a recorded warning. Section 48.23 says a lawsuit in a Florida state or federal court operates as a lis pendens on the property only if a notice is recorded in the official records of the county where the land sits, and that notice has not expired, been withdrawn, or been discharged. The title search finds that recording. It does not decide the lawsuit.
The notice is not a payoff and it is not a boundary question. A survey measures the land. A lis pendens tells a later buyer that a case is already claiming the property.
| Recording | What it is | What clears it for a sale we insure |
|---|---|---|
| Lis pendens | Notice that a lawsuit claims the property | A recorded withdrawal or court discharge, or another result the commitment accepts |
| Judgment | A money judgment recorded as a lien under section 55.10 | A recorded satisfaction, or another path that statute allows |
| Mortgage | The lender's lien | A payoff and a recorded release |
What does section 48.23 require the notice to say?
The statute lists the contents. A notice that does not describe this property is not a notice against this property. We read the recorded notice against the legal description on the commitment. A street address is not that description.
An action for specific performance, or an action that is not based on a recorded instrument, does not affect a later purchaser's title unless a notice was recorded and is still in effect. A person who buys for value while that kind of case is pending, and who is not a party, takes free of the claims if no effective notice was of record. We do not decide whether a particular buyer fits that sentence. The commitment states the title we will insure.
| Item | What we look for |
|---|---|
| Parties | The names of the parties |
| The case | The date the action was filed, the clerk's electronic receipt date, or the case number |
| Court | The court where the case is pending |
| Property | A description of the property involved or to be affected |
| Relief | A statement of the relief sought as to the property |
When does a Florida lis pendens expire?
Section 48.23(2) says a notice is not effective for any purpose beyond one year from the start of the case, and it expires then, unless the relief sought is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713. A mortgage foreclosure is the usual recorded-instrument case. A construction-lien foreclosure is the chapter 713 case. A court can extend the time on reasonable notice and for good cause. Time the case spends in an appellate court does not count toward the one year.
We do not decide that a notice on your file has expired. A date on a docket printout is not the clearance. If the claim is founded on the recorded mortgage, do not assume the one-year limit wiped the notice. The title commitment states what still has to be cleared.
1 year
The general limit, measured from the start of the case, if no exception applies.
No 1-year drop
A claim founded on a recorded instrument or a chapter 713 lien.
Court
Only a court order extends the time, or discharges a notice the statute puts in the court's control.
Can you close if a lis pendens is still of record?
Not on a sale we insure, while the notice is open. Tell us the first day, with the contract. We do not close through the case, and we do not file the withdrawal or the discharge. That paper comes from the plaintiff or from the court. A seller's statement that the case was dismissed is not the recorded discharge. Read clearing a judgment, tax lien, or mortgage.
A foreclosure lis pendens is often founded on the recorded mortgage, so the one-year limit may not apply. A short sale is not that foreclosure. It closes only with the lender's written approval. A finished foreclosure is a different file: title follows the clerk's certificate of title. Read a Florida short sale and a bank-owned closing. We do not run the foreclosure, and we do not calculate a deficiency.
Whether a buyer can object or cancel depends on the signed contract. An open notice is a title item. A question to us is not the written notice that contract may require. Read the Florida title objection deadline. We do not decide that remedy. Section 48.23 also addresses unrecorded interests and the effect of a judicial sale. We do not decide whether a particular unrecorded lien was cut off.
Send the notice with the contract
Send the recorded notice, the case number, and any order you already have on the day the contract arrives. A lis pendens found in week four is how the date slips.
Match the notice to section 48.23
Check the parties, the court, the case identity, the property description, and the relief sought. The legal description has to be the same land as the commitment.
Ask which expiration rule applies
A notice is generally not effective more than one year after the case begins. That limit does not apply when the claim is founded on a recorded instrument or a construction lien under part I of chapter 713, and a court can extend it. Appellate time does not count. We do not decide that your notice has expired.
Get a recorded withdrawal or discharge
A seller's statement that the case was dismissed is not the clearance. The official records need the withdrawal or the court discharge. We do not file that paper, and we do not close through the open notice.
Insure only the result the commitment accepts
On a sale we close, the deed is submitted after good funds. A foreclosure that already ended is a different file, read with the clerk's certificate of title. Confirm wires by calling (352) 792-1214.
Can Time to Close Title insure a sale when a lis pendens shows up?
We can open the file, report the notice on the commitment, and insure after the recorded withdrawal, discharge, or other result the underwriter accepts. We do not defend the lawsuit or draft the discharge. Call (352) 792-1214 or 888-228-0555, or contact the office. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. Our Spring Hill office is not the clerk.
Frequently asked questions
Is a Florida lis pendens a lien?
It is recorded notice that a lawsuit claims the property. It is not a mortgage, and it is not a money judgment recorded under section 55.10. It still has to be resolved before we insure a sale through it.
Does every Florida lis pendens expire after one year?
No. Section 48.23(2) sets a one-year limit unless the claim is founded on a recorded instrument, such as a mortgage, or on a construction lien under part I of chapter 713, or a court extends the time. We do not decide that a notice on your file has expired.
Can you close on a Florida house with an open lis pendens?
Not on a sale we insure, while the notice is open. Tell us the first day. We do not close through the case.
What clears a lis pendens from a Florida title search?
A recorded withdrawal or a recorded court discharge, or another result the commitment accepts. A phone call that the case was dismissed is not that recording.
Is a foreclosure lis pendens different?
It is often founded on the recorded mortgage, so the one-year limit may not apply. A short sale needs the lender's written approval. A finished foreclosure follows the clerk's certificate of title. Read a Florida short sale and a bank-owned closing.
Will the title search miss a lis pendens?
A notice recorded in the official records of the county where the land sits is what the search is built to find. A lawsuit with no recorded notice is a different problem under section 48.23. Read what a Florida title search finds.
Will Time to Close Title discharge the lis pendens?
No. The plaintiff or the court does that. We report the notice and insure after the official records show the clearance the commitment requires. Call (352) 792-1214. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609.