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 Massachusetts, a lis pendens serves as a formal notice that a piece of real property is subject to a pending legal action. This notice is particularly important for potential buyers, as it indicates that the property's title could be affected by the outcome of the lawsuit. The Massachusetts statute governing lis pendens is found in the Massachusetts General Laws, Chapter 184, Section 15. Under this statute, a party to a lawsuit that affects the title to real property or the use and occupation thereof, or the buildings thereon, may record a notice of lis pendens in the registry of deeds. This notice must include the names of the parties involved, the court where the action is pending, and a description of the property. Once recorded, it serves to place all persons on constructive notice of the pending litigation and its potential impact on the property. The statute also provides a mechanism for the discharge of lis pendens under certain conditions. It's important for property owners, potential buyers, and other interested parties to be aware of the existence of a lis pendens, as it can significantly affect property transactions and ownership rights.