What a Lis Pendens Actually Is
A lis pendens — Latin for "suit pending" — is a legal notice recorded with the county clerk when a lender files a foreclosure lawsuit. In Miami-Dade County, it is filed with the Clerk of Courts and becomes part of the public property record.
It is not a judgment. It is not an eviction notice. It is a warning sign on the title that says: there is an active lawsuit involving this property. That's all it is at the moment it is filed.
The lis pendens does one practical thing: it makes the property very difficult to sell through traditional channels, because most buyers using bank financing cannot get a lender to approve a loan on a property with an active lis pendens. Cash buyers are not subject to this restriction.
The Foreclosure Timeline After a Lis Pendens in Florida
Florida is a judicial foreclosure state. That means the lender cannot take your home without going through the court system and obtaining a judge's approval. Here is the typical sequence of events:
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1
Day 1
Lis Pendens Filed
Lender files the foreclosure complaint and lis pendens with the Miami-Dade Clerk of Courts. Becomes public record immediately.
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2
Days 1–30
You Are Served
A process server delivers the foreclosure summons and complaint to you. This officially starts your 20-day response window.
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3
20 Days After Service
Response Deadline
You must file a written response (answer) to the complaint within 20 days or the lender can seek a default judgment against you.
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4
Months 2–12+
Court Proceedings
The case moves through the court system. Mediation may be required. Summary judgment hearings are scheduled. This phase can take many months in Miami-Dade.
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5
Final Stage
Final Judgment & Auction
If the lender wins, the court enters a final judgment of foreclosure. The property is scheduled for auction — typically 20–35 days after the judgment date.
Important: You can sell your home at any point between Step 1 and the actual auction in Step 5. The earlier you act, the more options you have and the more time you have to negotiate.
What You Should Do Immediately
The worst thing you can do after receiving a lis pendens is nothing. Homeowners who ignore the lawsuit often end up with a default judgment entered against them — which accelerates the entire timeline and removes most of their options.
Here is what to do right away:
- Read the complaint carefully. It will tell you which court, the case number, and the deadline to respond.
- Note your 20-day response window. This is counted from the date you were served, not the date the lis pendens was filed.
- Contact your lender's loss mitigation department. Ask about loan modification, forbearance, or repayment plan options.
- Evaluate whether selling makes sense. If you have equity and need a fast exit, a cash sale resolves everything quickly.
- Consult a foreclosure attorney if you want to fight it. Florida has housing counseling agencies and legal aid organizations that can help.
Your Options After a Lis Pendens
💰 Sell for Cash
Fastest resolution. Close in 7–14 days. Stops the foreclosure. Works even with the lis pendens on title.
🏦 Loan Modification
Ask lender to restructure the loan. Requires application and approval. Can take 60–90 days or longer.
📋 Short Sale
Sell for less than you owe with lender approval. Takes longer but avoids a completed foreclosure on your record.
⚖️ Respond and Fight
File a legal response and contest the foreclosure. Buys time. Requires an attorney and does not guarantee a win.
Does a Lis Pendens Affect Your Credit?
The lis pendens itself is a property record, not a credit record. It does not appear directly on your credit report. However, the missed mortgage payments that typically lead to a lis pendens filing do affect your credit — each missed payment is reported to the credit bureaus.
A completed foreclosure stays on your credit report for seven years and is one of the most damaging entries possible. Selling the property before a final judgment is entered — through a traditional sale, cash sale, or short sale — prevents that completed foreclosure from appearing and significantly limits the long-term credit damage.
Common Questions
Can I still live in my house after a lis pendens is filed?
Yes. A lis pendens does not require you to vacate. You can continue living in the property throughout the entire court process. You are not required to leave until a court specifically orders it, which only happens after a final judgment and completed auction.
How do I find out if a lis pendens has been filed against my property in Miami-Dade?
You can search the Miami-Dade Clerk of Courts website at mdcclerk.com under Official Records or Civil Court records. Search by your name or property address. Lis pendens filings are public record and searchable online at no cost.
What happens if I ignore the foreclosure lawsuit?
If you do not respond within 20 days of being served, the lender can file for a default judgment. A default judgment means the court rules in the lender's favor without hearing your side. This typically accelerates the foreclosure timeline significantly and removes most of your options.
Can the lis pendens be removed from my title?
Yes. The lis pendens is released when the underlying lawsuit is resolved — either by a sale that pays off the lender, a loan modification that brings the account current, or a court ruling in your favor. Once released, a satisfaction of mortgage or dismissal is recorded and the cloud on the title is cleared.
How long does the foreclosure process take in Miami-Dade after a lis pendens?
Typically 6 to 18 months from lis pendens filing to auction, though Miami-Dade cases can run longer due to court volume. If you respond to the lawsuit and the case is contested, it can take even longer. If a default judgment is entered, the timeline shortens.
Can a cash buyer purchase my home with an active lis pendens in Florida?
Yes. A cash buyer has no lender requiring a clean title before closing. The title company will coordinate payoff figures with your mortgage lender, and at closing the lender receives their payoff directly. The lis pendens is then released as part of closing. Acrux Trust buys homes in exactly this situation throughout Miami-Dade.
