Does a lis pendens prevent foreclosure?

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1168632

2026-04-02 23:40

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No, a lis pendens does not stop or prevent foreclosure at all. A lis pendens is a notice that the lender's attorneys may file in the land records to indicate that a particular property is in the process of a pending litigation. Various types of notice are filed in different jurisdictions to indicate a pending foreclosure.

The term lis pendens is Latin for "lawsuit pending". The purpose of the notice is to show anyone researching the real estate that there is a pending lawsuit, any lawsuit that affects the property.

The only legal mechanism that would prevent foreclosure is filing bankruptcy and this only puts the process on hold while the creditor and debtor are coming to an agreement to negotiate a settlement of the debt.

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