when a lis pendens is used
lis pendens can be used anytime there is a dispute over real property but most of the time it is used in three situations a lis pendens is often filed in divorce cases where the distribution of real estate properties has not been settled it is particularly common in cases where a property is listed in the name of one spouse and the other spouse seeks a portion of the asset the spouse whose name is on the title would have difficulty selling the property under pending litigation lis pendens is almost always used by lenders who have filed a notice of default on a delinquent borrower banks use the procedure to notify the public that a property is in foreclosure other creditors whose debt is secured by property can also foreclose on a property it is not uncommon for lis pendens to arise in contract disputes where a buyer feels they have been wrongly excluded from purchasing a home for example if buyer a and a seller enter into a contract for the sale of a home and the seller decides to sell the house to buyer b buyer a may sue the seller to enforce the sale the buyer can file a lis pendens after filing a lawsuit making it difficult for the seller to sell the house if buyer b proceeds with the purchase and the courts determine that buyer a is entitled to enforce the sale buyer b loses the property to buyer a and must go to the seller to get their money back in some states homeowners associations hoa can place liens against your home for not paying fees or abiding by covenants depending on your state s laws an hoa can file a claim against your home and a lis pendens making it difficult for you to sell it 