What Is a Lis Pendens, and Can It Stop a Home Sale?
A lis pendens is a recorded notice that someone has sued over the property. In Massachusetts it can freeze a closing until it's resolved. What it means for buyers and sellers, and how to avoid surprises.
A lis pendens is a recorded notice that a lawsuit has been filed claiming an interest in the property. In Massachusetts, a court has to approve it before it's recorded at the registry of deeds, and once it's there, it warns every future buyer and lender. Title insurers generally won't insure over it, so a closing can stop until the claim is resolved or the notice is removed.
This is general information, not legal advice. Your attorney handles the specifics.
Who files one?
Someone claiming a right to the property or to money tied to it: a co-owner, a former partner, a family member in an estate dispute, a contractor, or a buyer from a deal that fell apart.
How does it affect a buyer?
Your attorney's title exam will find it. If it's there, you usually can't close with a clean title or a loan until it's resolved. That's why the title search happens early, and why your purchase and sale agreement protects you if the seller can't deliver clear title.
How does it affect a seller?
It can freeze your sale even if you believe the claim has no merit. You'll need your attorney to resolve the lawsuit, negotiate a payoff, or ask the court to dissolve the notice. All of that takes time.
How do I avoid surprises?
- Sellers: tell your agent and attorney up front about any dispute, ex-partner claim, estate disagreement or unpaid contractor.
- Make sure everyone on title is part of the sale. If someone else might claim an interest, deal with it before listing.
- Buyers: let the title exam run early and don't waive title protections.
What does this look like in practice?
While accepting an offer on a recent listing, the buyer's agent and I traded stories about a deal where, three days before closing, someone came forward with a lis pendens claiming money tied up in the property, and everything stopped. So before anything was signed, I confirmed with my seller that he was the sole owner and that no one else had a claim. The odds are low, but a two-minute question up front beats a frozen closing.
Questions people actually ask.
Is a lis pendens the same as a lien?
No. A lien secures a debt against the property. A lis pendens is notice of a lawsuit about it. Both show up in a title search.
Can a seller still list with a lis pendens on record?
Yes, but most buyers and lenders won't close until it's resolved. Disclose it.
How long does it take to remove?
It depends on the lawsuit. Sometimes weeks, sometimes much longer.
This article is general information about Massachusetts real estate, not legal, tax, or financial advice. Every property and transaction is different. For advice on your situation, talk with me and, where appropriate, an attorney, lender, or tax professional.