Lis Pendens in Florida: Protecting Your Property Interest During Litigation

Owning real estate in Florida is a significant investment, and protecting your property rights is paramount. One legal tool at your disposal is the lis pendens. This blog will shed light on what a lis pendens is, how it can safeguard your property interests, and the situations where it can be filed in Florida.

Lis Pendens: A Public Notice of Legal Dispute

“Lis Pendens” is a Latin term meaning “suit pending.” In Florida, a lis pendens is a legal document filed with the county clerk’s office where the property is located. It serves as a public notice that a lawsuit is ongoing and potentially affects the title or ownership rights to that specific real estate.

When Can a Lis Pendens Be Filed?

A lis pendens can be a powerful tool in various situations, including:

• Real Estate Disputes: This could involve boundary disagreements, breach of contract claims related to a property sale, or challenges to a will or trust that affects ownership.
• Foreclosure Actions: When a lender files to foreclose on a property, a lis pendens is typically filed to alert potential buyers of the ongoing legal action.
• Mechanics Liens: If a contractor or supplier has not been paid for work on a property, they may file a lien and a lis pendens to protect their claim against the property.

Protecting Your Interests: Benefits of a Lis Pendens

Filing a lis pendens offers several advantages:

• Alerts Potential Buyers and Lenders: The public notice discourages potential buyers from purchasing the property while the lawsuit is pending. It also prevents lenders from issuing new loans on the property, protecting your claim.
• Strengthens Your Legal Position: A properly filed lis pendens can strengthen your case in the underlying lawsuit by preventing any actions that could complicate resolving the ownership issue.

Potential Drawbacks and Considerations

Although advantageous, lis pendens can also have downsides:

• Misuse and Abuse Potential: There is a risk that a lis pendens could be filed frivolously to pressure a settlement in a weak case.
• Impact on Property Value: The public notice of a lawsuit can deter potential buyers, making it difficult to sell the property during the litigation process.
• Improper Filing Consequences: A court may order the removal of a lis pendens if it is found to have been filed improperly or in bad faith.

Consult The Frazer Firm Today

A lis pendens can be a valuable tool for protecting your property interests in Florida, but navigating its intricacies is crucial. The Frazer Firm can help you determine if filing a lis pendens is the right course of action, ensuring it is used strategically and effectively. Contact us today to schedule a consultation and discuss how we can help you safeguard your real estate investment.