Miami Lis Pendens Lawyer | File or Dissolve a Florida Lis Pendens

A lis pendens can freeze a real estate transaction. When a lis pendens is recorded against a property, buyers, lenders, and title insurers often will not proceed until it is dissolved, bonded off, or the underlying case is resolved. Revah Law represents property owners, buyers, sellers, and litigants in filing, challenging, and dissolving lis pendens in Florida real estate disputes.

Revah Law represents clients in Miami-Dade, Broward, and Palm Beach Counties, and throughout South Florida.

If you need help with this issue, contact Revah Law to discuss next steps and strategy.

Governing Florida Law

Florida’s lis pendens statute is § 48.23, Florida Statutes.¹ Florida Supreme Court and appellate decisions apply a “fair nexus” standard to determine whether a lis pendens is proper and whether it can be dissolved or bonded.²

Table of Contents

• Understanding Lis Pendens in Florida
• The Purpose of a Lis Pendens
• How to File a Lis Pendens in Florida
• The Effect of a Lis Pendens on Real Property
• How to Remove or Dissolve a Lis Pendens
• Wrongful Lis Pendens
• The Role of a Lis Pendens Attorney
• Frequently Asked Questions (FAQ)

Lis Pendens in Florida - What It Is and Why It Matters

A lis pendens is a powerful legal tool used in real estate litigation in Florida. It is a formal notice filed with the court that a lawsuit has been filed concerning a piece of real property. The term “lis pendens” is Latin for “pending lawsuit.” If you are involved in a real estate dispute, it is crucial to understand what a lis pendens is and how it can affect your property rights. A Florida lis pendens lawyer can provide you with the legal guidance and representation you need.

What is a Lis Pendens?

A lis pendens is a written notice that a lawsuit has been filed which concerns the title to, or an interest in, real property. It is recorded in the public records of the county where the property is located. The lis pendens provides constructive notice to the world that there is a legal claim against the property. This means that anyone who buys or acquires an interest in the property after the lis pendens has been recorded will be subject to the outcome of the lawsuit. A Miami lis pendens attorney can help you determine if a lis pendens is appropriate in your case.

The Legal Basis for Lis Pendens in Florida

The authority to file a lis pendens in Florida is found in Section 48.23 of the Florida Statutes. This statute sets forth the requirements for filing a lis pendens and the effect of a lis pendens on real property. It is important to strictly comply with the requirements of the statute, as an improperly filed lis pendens can be discharged by the court.

When is a Lis Pendens Used?

A lis pendens is used in a variety of real estate disputes. It is most commonly used in foreclosure actions, but it can also be used in lawsuits involving breach of a real estate contract, partition actions, quiet title actions, and other disputes concerning the ownership of real property. An experienced Florida lis pendens lawyer can help you determine if a lis pendens is the right tool for your case.

The Purpose of a Lis Pendens

The primary purpose of a lis pendens is to protect the plaintiff’s interest in the real property that is the subject of the lawsuit. It does this by putting third parties on notice of the pending litigation. A Florida lis pendens lawyer can help you use a lis pendens to protect your property rights.

Providing Constructive Notice

As mentioned earlier, a lis pendens provides constructive notice to the world that there is a legal claim against the property. This means that anyone who acquires an interest in the property after the lis pendens has been recorded is deemed to have knowledge of the lawsuit. This is important because it prevents a person from becoming a “bona fide purchaser for value” and taking the property free and clear of the plaintiff’s claim.

Preserving the Status Quo

A lis pendens also helps to preserve the status quo during the lawsuit. By putting third parties on notice of the litigation, it makes it difficult for the defendant to sell or transfer the property. This ensures that the property will be available to satisfy the plaintiff’s claim if they are successful in the lawsuit. A Miami lis pendens attorney can help you use a lis pendens to prevent the defendant from dissipating the assets that are the subject of the lawsuit.

Protecting the Plaintiff’s Claim

Ultimately, the purpose of a lis pendens is to protect the plaintiff’s claim to the property. By providing notice to third parties and preserving the status quo, a lis pendens helps to ensure that the plaintiff will be able to enforce their judgment if they are successful in the lawsuit. An experienced Florida lis pendens lawyer can help you use a lis pendens to protect your interests and to achieve a favorable outcome in your case.

How to File a Lis Pendens in Florida

Filing a lis pendens in Florida is a technical legal process that must be done correctly to be effective. An experienced Florida lis pendens lawyer can help you navigate this process and can ensure that your lis pendens is properly filed.

The Requirements for Filing a Lis Pendens

To file a lis pendens in Florida, you must have a pending lawsuit that affects the title to, or an interest in, real property. The lis pendens must be in writing and must contain the names of the parties, the date of the institution of the action, the name of the court in which it is pending, a description of the property involved, and a statement of the relief sought as to such property.

Recording the Lis Pendens

After the lis pendens has been prepared, it must be recorded in the public records of the county where the property is located. This is a critical step, as the lis pendens is not effective until it has been recorded. The clerk of the court will record the lis pendens and will make it available to the public.

The Lis Pendens Bond

In some cases, the court may require the plaintiff to post a bond before a lis pendens can be filed. This is to protect the defendant from any damages that may result from a wrongful lis pendens. A Miami lis pendens attorney can help you determine if a bond is required in your case and can help you obtain a bond if necessary.

The Effect of a Lis Pendens on Real Property

A lis pendens can have a significant effect on real property. It can make it difficult or impossible to sell or refinance the property, and it can affect the property’s value. A Florida lis pendens lawyer can help you understand the effect of a lis pendens on your property.

Constructive Notice to Third Parties

As mentioned earlier, a lis pendens provides constructive notice to the world that there is a legal claim against the property. This means that anyone who acquires an interest in the property after the lis pendens has been recorded is deemed to have knowledge of the lawsuit. This can make it difficult to sell or refinance the property, as potential buyers and lenders will be reluctant to acquire an interest in a property that is subject to litigation.

Cloud on Title

A lis pendens creates a “cloud” on the title to the property. A cloud on title is any document, claim, or encumbrance that might affect the owner’s rights to the property. A lis pendens is a cloud on title because it indicates that there is a pending lawsuit that could affect the ownership of the property.

Impact on Property Value

A lis pendens can also affect the value of a property. Because a lis pendens makes it difficult to sell or refinance the property, it can reduce the property’s marketability and, therefore, its value. A Miami lis pendens attorney can help you understand the impact of a lis pendens on your property’s value.

Binding on Subsequent Purchasers

One of the most important effects of a lis pendens is that it is binding on subsequent purchasers. This means that anyone who buys the property after the lis pendens has been recorded will be subject to the outcome of the lawsuit. If the plaintiff is successful in the lawsuit, the subsequent purchaser may lose their interest in the property.

How to Remove / Dissolve a Lis Pendens (Motions, Bonds, and Strategy)

If a lis pendens has been filed against your property, you may be able to have it removed or dissolved. There are several methods for removing a lis pendens in Florida. A Florida lis pendens lawyer can help you determine the best method for your case.

Motion to Discharge

The most common method for removing a lis pendens is to file a motion to discharge with the court. A motion to discharge asks the court to remove the lis pendens because it was improperly filed or because the underlying lawsuit does not support a lis pendens. A Miami lis pendens attorney can help you file a motion to discharge and can represent you at the hearing.

Posting a Bond

In some cases, you may be able to have a lis pendens discharged by posting a bond. The bond serves as a substitute for the property and ensures that the plaintiff will be compensated if they are successful in the lawsuit. The amount of the bond is typically set by the court.

Settlement of the Underlying Lawsuit

A lis pendens can also be removed if the underlying lawsuit is settled. If the parties reach a settlement agreement, the plaintiff will typically agree to release the lis pendens as part of the settlement.

Dismissal of the Underlying Lawsuit

If the underlying lawsuit is dismissed, the lis pendens will also be discharged. A lawsuit can be dismissed for a variety of reasons, such as failure to state a claim or lack of jurisdiction.

Final Judgment in the Underlying Lawsuit

A lis pendens will also be discharged when a final judgment is entered in the underlying lawsuit. If the plaintiff is successful, the judgment will determine the rights of the parties to the property. If the defendant is successful, the lis pendens will be discharged and the cloud on the title will be removed.

Wrongful Lis Pendens (Damages, Fees, and Remedies)

A wrongful lis pendens is a lis pendens that is filed without a proper legal basis. Filing a wrongful lis pendens can have serious consequences, including liability for damages. A Florida lis pendens lawyer can help you determine if a lis pendens filed against your property is wrongful.

What is a Wrongful Lis Pendens?

A wrongful lis pendens is a lis pendens that is filed without a proper legal basis. This can occur when the underlying lawsuit does not concern the title to, or an interest in, real property, or when the lis pendens is filed for an improper purpose, such as to harass the property owner or to interfere with a sale.

Consequences of Filing a Wrongful Lis Pendens

Filing a wrongful lis pendens can have serious consequences. The property owner may be able to recover damages for any harm they have suffered as a result of the wrongful lis pendens, including lost profits from a failed sale, attorney’s fees, and other costs. In some cases, the property owner may also be able to recover punitive damages.

Defending Against a Wrongful Lis Pendens

If a wrongful lis pendens has been filed against your property, you should contact a Miami lis pendens attorney immediately. An attorney can help you file a motion to discharge the lis pendens and can pursue a claim for damages against the party who filed the wrongful lis pendens.

The Role of a Lis Pendens Attorney

Navigating lis pendens issues can be legally complex and can have significant consequences for your property rights. A Florida lis pendens lawyer can provide you with the legal expertise, guidance, and representation you need to protect your interests.

Why You Need a Lis Pendens Attorney

A lis pendens can have a significant impact on your property rights. If you are considering filing a lis pendens, or if a lis pendens has been filed against your property, you need an experienced attorney to guide you through the process. A Miami lis pendens attorney can help you understand your rights and options and can take action to protect your interests.

How a Lis Pendens Attorney Can Help

A lis pendens attorney can provide a wide range of services, including advising you on whether a lis pendens is appropriate in your case, drafting and filing a lis pendens, defending against a motion to discharge a lis pendens, filing a motion to discharge a lis pendens that has been filed against your property, and pursuing a claim for damages if a wrongful lis pendens has been filed against your property.

What to Look for in a Lis Pendens Attorney

When choosing a lis pendens attorney, it is important to select a lawyer with experience in real estate litigation. Look for an attorney who is knowledgeable about Florida lis pendens law and who has a proven track record of success in handling lis pendens cases. It is also important to choose an attorney who is a good communicator and who will keep you informed about the progress of your case.

Frequently Asked Questions (FAQ) about Florida Lis Pendens

1. What is a lis pendens under Florida law?

A lis pendens is a recorded notice that a lawsuit is pending and that the litigation may affect title to, or an interest in, specific real property. Florida’s lis pendens statute is § 48.23, Florida Statutes.¹ In practical terms, a lis pendens can impair marketability and make it difficult to sell or refinance while the dispute is pending.

2. When is a lis pendens proper?

Florida Supreme Court precedent requires a “fair nexus” between the property described and the relief sought in the lawsuit.² Florida appellate courts have explained that simply pleading a theoretical connection is not enough—the claim must be one that could potentially grant an interest in the realty itself.³

3. How can a lis pendens be dissolved or bonded off?

Florida’s statute allows a defendant to move to dissolve a lis pendens in appropriate circumstances, including when the pleading does not show the action is founded on a duly recorded instrument (or another qualifying basis), or when the required nexus is not established.¹ In cases governed by the statutory bond framework, the Florida Supreme Court has held that trial courts have discretion to require a bond when the property‑holder shows likely damages if the lis pendens is unjustified.⁴

4. Can a lis pendens be filed in a specific performance case?

Yes. Specific performance claims often involve real property and may be paired with a lis pendens to provide notice of the claim. Florida’s lis pendens statute expressly references actions for specific performance.¹ But even in specific performance litigation, the proponent still must satisfy the fair‑nexus requirement.²

5. What damages are available for a wrongful lis pendens?

Wrongful lis pendens allegations are fact‑specific and can involve fee-shifting and damages theories depending on the statute, the procedural posture, and the claims asserted. Courts often focus on whether the notice was justified under the statutory and case‑law nexus standards.²

6. How long does a lis pendens last?

Duration and expiration issues can depend on the statute and the type of case. § 48.23, Florida Statutes contains detailed provisions on recording, duration, and related issues.¹