Receiving a lis pendens — a formal notice that foreclosure proceedings have begun — is one of the most stressful moments a homeowner can face. But a lis pendens is not the end. It's a legal starting point, and understanding your options can make the difference between losing your home and protecting your equity.
What Is a Lis Pendens?
A lis pendens (Latin for "suit pending") is a public notice filed by a lender when they initiate foreclosure proceedings against a property. It alerts potential buyers and other parties that the property is subject to a legal claim. In Florida, a lis pendens is filed at the county level and signals the beginning of the foreclosure process.
Important: A lis pendens does not mean you've lost your home. It means the lender has filed paperwork to begin the process. You still have time and options.
Your Options After a Lis Pendens
1. Sell the Property Before Foreclosure Completes
In many cases, selling the home before the foreclosure auction is the best way to protect your credit and recover equity. Florida's foreclosure timeline typically gives you several months to act. A short sale or standard sale during this period can result in a much better outcome than letting the property go to auction.
2. Negotiate With Your Lender
Depending on your situation, your lender may agree to a loan modification, forbearance agreement, or other loss mitigation option. This requires direct communication with your lender's loss mitigation department and often professional assistance.
3. Explore Defenses
In some cases, there are legal defenses to foreclosure — procedural errors, robo-signing issues, or violations of lending laws. A foreclosure attorney can evaluate whether defenses apply to your case.
4. Let the Property Go to Foreclosure
This is typically the last resort. Foreclosure damages your credit for years, may result in a deficiency judgment in Florida, and eliminates any equity you had in the property. It should only be considered after all other options have been thoroughly evaluated.
Why Time Matters
Every day that passes after a lis pendens reduces your options. The foreclosure timeline in Florida moves forward on a set schedule. The sooner you act, the more choices you have — and the better your outcome is likely to be.
Facing Pre-Foreclosure?
Michael Peron is a Certified Distressed Property Expert (CDPE) serving Davie, Broward County, and South Florida. He helps homeowners facing lis pendens, missed payments, and foreclosure find options before time runs out.
Talk to Michael