Lis Pendens Explained: Florida's Public Foreclosure Signal

What Is a Lis Pendens?

Lis pendens is Latin for "suit pending." In Florida real estate, a lis pendens is a formal notice recorded in the county clerk's office indicating that a lawsuit has been filed that could affect the title to a specific property. In the context of distressed real estate, it almost always means a mortgage lender has filed a foreclosure lawsuit.

Once recorded, a lis pendens becomes a matter of public record — searchable by address, owner name, or legal description. It attaches to the property (not just the person), which means any subsequent buyer or lender takes the property subject to the outcome of the foreclosure lawsuit.

When Is a Lis Pendens Filed?

In Florida, a lis pendens is typically filed at the same time as the foreclosure complaint — the opening move in the judicial foreclosure process. This happens after:

• The borrower has missed 3–6 payments (90–180 days delinquent)
• The lender has sent a 30-day demand letter per Florida statute
• The lender's attorney has prepared the foreclosure complaint

From the first missed payment to lis pendens filing typically takes 6–9 months in Florida. The lis pendens is the first moment the situation becomes public knowledge.

Why Lis Pendens Matters to Investors

The lis pendens stage is arguably the best entry point for distressed property acquisitions because:

• The owner still holds title — you can buy directly without going through the court auction process
• Direct negotiation is possible — owners in foreclosure are often motivated to accept discounts to avoid a courthouse sale and potential deficiency judgment
• Short sale opportunity — if the property is underwater, a lender-approved short sale (selling for less than the mortgage balance) is possible at this stage
• Maximum time to close — you have months before the auction, allowing time for proper due diligence and financing
• Financing is available — unlike auction purchases (cash-only), pre-auction acquisitions can be financed

How to Find Lis Pendens Filings in Miami-Dade and Broward

Miami-Dade County Clerk

Miami-Dade County records lis pendens filings in the Official Records database, searchable at miami-dadeclerk.com. New filings are uploaded daily. You can search by:

• Owner/grantor name
• Property address (via folio number)
• Document type: "Lis Pendens"
• Date range

In 2025, Miami-Dade averaged approximately 180–220 new lis pendens filings per week across all property types.

Broward County Records

Broward County Official Records are searchable at broward.org/RecordsTaxesTreasury. The interface and search parameters are similar to Miami-Dade. Broward typically sees 120–160 new filings per week.

Reading a Lis Pendens: What the Document Tells You

A lis pendens filing includes:

• Plaintiff: The lender filing the foreclosure (tells you which bank, serviced by whom)
• Defendant: The borrower/property owner
• Property description: Legal description and often the street address
• Case number: The court case number for tracking the lawsuit progress
• Folio number: Miami-Dade's property identifier — links to the property appraiser record

What it doesn't tell you (but you need to find separately): the total amount owed, the assessed and estimated market value, other liens on the property, and the property's condition.

Lis Pendens vs. Notice of Default: Florida vs. Other States

If you've invested in non-judicial foreclosure states (Texas, Georgia, California), you're familiar with a "Notice of Default" (NOD) — the equivalent public filing there. In Florida:

• Florida uses judicial foreclosure — court approval required
• The lis pendens serves a similar function to an NOD in non-judicial states
• Florida's process is slower (12–24 months) but provides more time for investor negotiation
• The additional court oversight also means cleaner title at the end of the process

What Happens After a Lis Pendens Is Filed

Once the lis pendens is on record, the property is effectively "clouded" — meaning buyers who purchase at this stage take the property subject to the foreclosure lawsuit. If you buy at this stage, you'd either need to:

• Obtain a payoff statement from the lender and pay off the mortgage at closing, OR
• Negotiate a short sale approval from the lender if the property is underwater, OR
• Purchase with a mortgage that will pay off the lien at closing

Working with a title company experienced in distressed transactions (there are several in Miami and Fort Lauderdale that specialize in exactly this) is essential.

Track Lis Pendens in Real Time

Marcus's Foreclosure Alert product monitors all new lis pendens filings across Miami-Dade and Broward, cross-references them with property appraiser data to calculate the distress discount opportunity, and delivers a targeted report for any address or ZIP you specify.