What is a lis pendens in Florida?

It is a notice recorded in the county's official records, under Florida Statute section 48.23, warning that a lawsuit is pending that affects title to or an interest in specific real property. It provides constructive notice, so anyone acquiring an interest in the property after the notice is recorded generally takes subject to the outcome of the suit. It is not itself a lien or judgment — it is a recorded warning that the property is in litigation.

Why are recorded mortgages treated differently?

Because the public is already on notice from the recorded instrument itself. When a lis pendens supports a suit founded on a duly recorded instrument, such as foreclosure of a recorded mortgage, or on a Chapter 713 construction lien, the one-year automatic expiration does not apply, and the notice can persist with the case. The one-year clock is aimed at claims not already reflected in the public records, protecting owners from an open-ended cloud on title.

Can a court remove or limit a lis pendens?

Yes. Under section 48.23(3), when the pleading does not show the action is founded on a recorded instrument or a Chapter 713 lien, or when the action no longer affects the property, the court may control and discharge the notice as it would dissolve an injunction. The court can also require the claimant to post a bond as a condition of maintaining the lis pendens, protecting the owner from harm caused by a wrongful or questionable filing.

How does a lis pendens affect a sale or refinance?

It usually stops it. A recorded lis pendens appears in the title search and on the commitment, and because title insurers generally will not insure over it, it clouds title and can prevent a closing or refinance until the lawsuit resolves or the notice expires or is discharged. This practical leverage is exactly why the device protects a legitimate claimant and why Florida limits it with the one-year rule and judicial control.

Florida Lis Pendens: Statute 48.23 & the 1-Year Rule

TL;DR

A lis pendens — literally "pending suit" — is a notice recorded in the county's official records to warn the world that a lawsuit is pending that affects title to or an interest in a specific piece of real property. In Florida it is governed by Florida Statute section 48.23. Recording the notice gives constructive notice, so anyone who buys or lends against the property afterward generally takes their interest subject to the outcome of the lawsuit. Florida's statute has two features the exam likes to test. First is the one-year expiration rule: a notice of lis pendens is not effective beyond one year from the start of the action and expires automatically at that point — unless the lawsuit is founded on a duly recorded instrument (such as a recorded mortgage) or on a construction lien under Chapter 713, or unless the court extends it for good cause. Second is the court's control: when the pleading does not show the action is based on a recorded instrument or a Chapter 713 lien, or when the action no longer affects the property, the court may control and discharge the notice much as it would dissolve an injunction, and it may require a bond. A separate provision bars unrecorded interests and liens against the property unless their holders intervene within 30 days of the notice being recorded.

What a lis pendens does

A lis pendens is a notice, not a lien or a judgment. Under section 48.23, an action operates as a lis pendens on real property only when a notice is recorded in the official records of the county where the property is located, and that notice must state the parties, the time the action was instituted, the court, a description of the property, and the relief sought as to the property. Once recorded, the notice provides constructive notice to the world that the property is the subject of litigation.

The effect is to protect the claimant's position while the case proceeds. A person who buys the property or lends against it after the notice is recorded takes subject to the result of the suit, so the claimant does not have to worry that the property will be transferred to a good-faith purchaser who takes free of the claim. Because a recorded lis pendens clouds title and title insurers will generally not insure over it, the notice can effectively prevent a sale or refinance until the litigation ends. That practical power is why Florida surrounds the device with an expiration rule and judicial controls.

The one-year expiration rule

Florida's most distinctive lis pendens rule is the one-year limit in section 48.23(2). A notice of lis pendens is not effectual for any purpose beyond one year from the commencement of the action and expires at that time. This automatic expiration is unusual and heavily tested, but it has important exceptions. The one-year limit does not apply — the notice does not automatically expire — when the relief sought is shown by the pleading to be founded on a duly recorded instrument, such as a recorded mortgage being foreclosed, or on a construction lien claimed under Part I of Chapter 713. In addition, the court may extend the notice beyond one year on reasonable notice and for good cause, imposing whatever terms justice requires.

The logic is that when a suit rests on something already in the public records — a recorded mortgage or a statutory construction lien — the world is on notice from that recorded instrument itself, so the lis pendens can persist with the case. When the suit rests on an unrecorded claim, the one-year clock protects property owners from an indefinite cloud on title based on a claim that may not be valid. Foreclosure of a recorded mortgage is the classic example of a suit that is not subject to the one-year expiration; for that process, see our guide to judicial foreclosure under Chapter 702.

Judicial control, discharge, and the 30-day intervention bar

Section 48.23 also gives the court significant control over a lis pendens. Under subsection (3), when the pending pleading does not show that the action is founded on a duly recorded instrument or a Chapter 713 lien, or when the action no longer affects the subject property, the court is to control and discharge the recorded notice as the court would grant and dissolve injunctions. In practice this means a property owner burdened by a lis pendens on an unrecorded claim can ask the court to discharge it or to condition it, and the court may require the claimant to post a bond as a condition of keeping the notice in place — protecting the owner against damage from a wrongful filing.

A related provision addresses competing interests. The recording of the lis pendens generally bars enforcement against the property of interests and liens that were unrecorded at the time the notice was recorded — including, for example, federal tax liens — unless the holder of such an unrecorded interest moves to intervene in the action within 30 days after the notice is recorded and the court grants the motion. If such a holder does not intervene and the case proceeds to a judicial sale, the property is discharged from those unrecorded interests. This makes the lis pendens a powerful tool for clearing competing unrecorded claims through the litigation. Because these mechanics turn on what is recorded and when, they connect to our guide to construction lien law under Chapter 713.

Feature	Rule under § 48.23
Effect of recording	Constructive notice; later purchasers/lenders take subject to the suit
One-year expiration	Expires 1 year after the action begins, unless founded on a recorded instrument or Chapter 713 lien, or extended for good cause
Judicial control	Court may discharge or condition (including a bond) when not based on a recorded instrument/lien or the action no longer affects the property
Unrecorded interests	Barred unless the holder intervenes within 30 days of recording and the court grants it

Why it matters in practice

For a licensee, a lis pendens usually surfaces during a title search: it appears in the public records and on the title commitment, and because insurers will not insure over it, it can stop a transaction until the suit resolves or the notice is discharged. Lis pendens commonly arise in mortgage foreclosures, suits for specific performance of a real estate contract, quiet-title actions, partition suits, and construction-lien foreclosures — all matters that genuinely affect title or an interest in the property.

The practical lesson mirrors the statute: a lis pendens is proper only where the suit truly affects the property, its life is limited to one year unless it rests on a recorded instrument or a Chapter 713 lien, and a court can discharge or bond a questionable notice. A recorded-mortgage foreclosure lis pendens can persist with the case; a lis pendens based on an unrecorded contract claim is exposed to the one-year clock and to judicial discharge. Because so many lis pendens arise from financing disputes, this connects to our guide to judicial foreclosure.

Frequently Asked Questions

What is a lis pendens in Florida?: It is a notice recorded in the county's official records, under Florida Statute section 48.23, warning that a lawsuit is pending that affects title to or an interest in specific real property. It provides constructive notice, so anyone acquiring an interest in the property after the notice is recorded generally takes subject to the outcome of the suit. It is not itself a lien or judgment — it is a recorded warning that the property is in litigation.
How long does a Florida lis pendens last?: Generally one year. Under section 48.23(2), a notice of lis pendens is not effective beyond one year from the commencement of the action and expires then — unless the action is founded on a duly recorded instrument, such as a recorded mortgage, or on a construction lien under Chapter 713, or the court extends it for good cause. Suits resting on recorded instruments or Chapter 713 liens are the main category that escapes the one-year expiration.
Why are recorded mortgages treated differently?: Because the public is already on notice from the recorded instrument itself. When a lis pendens supports a suit founded on a duly recorded instrument, such as foreclosure of a recorded mortgage, or on a Chapter 713 construction lien, the one-year automatic expiration does not apply, and the notice can persist with the case. The one-year clock is aimed at claims not already reflected in the public records, protecting owners from an open-ended cloud on title.
Can a court remove or limit a lis pendens?: Yes. Under section 48.23(3), when the pleading does not show the action is founded on a recorded instrument or a Chapter 713 lien, or when the action no longer affects the property, the court may control and discharge the notice as it would dissolve an injunction. The court can also require the claimant to post a bond as a condition of maintaining the lis pendens, protecting the owner from harm caused by a wrongful or questionable filing.
What is the 30-day intervention rule?: Recording a lis pendens generally bars enforcement against the property of interests and liens that were unrecorded when the notice was recorded — including federal tax liens — unless the holder moves to intervene in the action within 30 days after the notice is recorded and the court grants the motion. If the holder does not intervene and the case proceeds to a judicial sale, the property is discharged from those unrecorded interests, which is what lets the litigation clear competing unrecorded claims.
How does a lis pendens affect a sale or refinance?: It usually stops it. A recorded lis pendens appears in the title search and on the commitment, and because title insurers generally will not insure over it, it clouds title and can prevent a closing or refinance until the lawsuit resolves or the notice expires or is discharged. This practical leverage is exactly why the device protects a legitimate claimant and why Florida limits it with the one-year rule and judicial control.

Bottom Line

A Florida lis pendens, under Florida Statute section 48.23, is a recorded notice that a pending lawsuit affects title to or an interest in specific real property, giving constructive notice so later buyers and lenders take subject to the suit. Its signature feature is the one-year expiration in section 48.23(2): the notice lapses one year after the action begins unless it is founded on a duly recorded instrument, such as a recorded mortgage, or on a Chapter 713 construction lien, or the court extends it for good cause. The court also controls the device — it may discharge or bond a notice that is not based on a recorded instrument or lien or where the action no longer affects the property — and recording bars unrecorded interests unless their holders intervene within 30 days. Because it clouds title and insurers will not insure over it, a lis pendens can freeze a sale or refinance until it resolves. For related topics, see our guides to judicial foreclosure, construction lien law, and adverse possession.

Source: Florida Statutes § 48.23 (Lis Pendens), including the one-year expiration in § 48.23(2) and judicial control in § 48.23(3). Fla. Stat. § 48.23 (flsenate.gov) · Fla. Stat. § 48.23 (FindLaw) · Fla. Stat. § 48.23 (Justia)