A lis pendens is a pending lawsuit or legal action, or a formal notice of a pending lawsuit or legal action. For example, a lis pendens is an official public notice that a piece of real property has a pending lawsuit or claim attached to it—which may be especially relevant to potential buyers of the property, as a sale of the property will probably not extinguish or resolve the pending claim.

Lis pendens might also refer to the jurisdiction (power, authority, control) a court acquires over property while a legal action is pending. Or lis pendens may refer to a notice recorded in the public records (often county records) in the chain of title to a piece of real property—which is required or permitted in some jurisdictions to put all persons on notice that the property is the subject of litigation or of a claim. This notice informs potential buyers of the property that their future ownership of the property may be subject to other claims.

Lis pendens is often used when spouses are going through the divorce process and their real property assets, for example, have not been finally divided by their agreement or by the court. Banks commonly use the lis pendens process to put the public on notice that a property is in foreclosure. And a homeowners’ association may file a lis pendens when it seeks to foreclose on a homeowner’s home to satisfy delinquent fees or assessments.

The procedure for a lis pendens is usually located in a state’s statutes—often in the property code or in the code of civil procedure, for example.

In Alaska, a lis pendens is a notice that a lawsuit involving a claim on a property has been filed and is pending in the courts. This notice serves to warn all parties that the property is subject to litigation and that any subsequent purchaser of the property may be bound by the outcome of the lawsuit. The Alaska Statutes specifically address the use of lis pendens in AS 09.45.940, which requires that a notice of lis pendens be recorded in the office of the district recorder of the recording district where the property is located. This recording provides constructive notice to all persons that the property is potentially subject to claims, liens, or interests that are being litigated. Lis pendens is commonly used in cases of foreclosure, divorce proceedings involving property division, and disputes over property ownership or claims. It is important for potential buyers to be aware of any lis pendens filings, as these can affect the title and ownership of the property. An attorney can provide guidance on the implications of a lis pendens and assist in the process of filing or responding to one.