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 Idaho, a lis pendens is a notice that a lawsuit involving a claim against a piece of real property has been filed, which may affect the title or right to possession of the property. This notice is typically recorded in the county where the property is located, and it serves to warn potential buyers or other interested parties that the property is subject to litigation. Idaho Code § 5-505 provides the statutory basis for filing a notice of lis pendens. The statute requires that the notice must contain a legal description of the property, the parties involved, and the object of the lawsuit. Once filed, the lis pendens binds any subsequent purchaser or encumbrancer of the property to the outcome of the litigation, meaning that a buyer could potentially take the property subject to any judgment rendered in the lawsuit. This is particularly relevant in cases of divorce, foreclosure, or homeowners' association disputes over property. It is important for anyone dealing with property that has a lis pendens filed against it to consult with an attorney to understand the implications for their interests in the property.