Lis Pendens
A lis pendens (Latin: 'litigation pending') is a recorded notice in the county public records alerting the world that a lawsuit has been filed that affects the title to or right of possession of specific real property. In Florida, lis pendens is governed by Section 48.23, Florida Statutes, and constructively notifies all subsequent purchasers and lenders that the property is subject to pending litigation.
A lis pendens filing on a Florida commercial property is one of the most immediate red flags in title due diligence. It means someone has filed a lawsuit claiming an interest in the property — and anyone who buys or lends against the property after the lis pendens is recorded takes subject to the outcome of that litigation. For CRE investors, a lis pendens can freeze transactions, prevent financing, and crater property marketability until the underlying dispute is resolved. This guide covers how lis pendens works in Florida, what types of lawsuits support it, how to discharge it, and how Michael R. Linton and Linton Global Solutions navigate lis pendens issues on Florida CRE deals.
What Lawsuits Support a Lis Pendens in Florida
- Foreclosure: mortgage lender files lis pendens with foreclosure complaint — most common CRE context
- Quiet title action: lawsuit to establish or clear ownership — lis pendens protects the claim
- Specific performance: buyer sues seller for refusing to close on a signed contract
- Mechanic's lien enforcement: contractor sues to foreclose a construction lien
- Partition action: co-owner sues to force sale or division of jointly owned property
- Breach of contract affecting title: claims arising from purchase agreements, option agreements, or ground leases
- Unjust enrichment / constructive trust: equitable claims to an interest in the property
Florida Lis Pendens Procedure (Section 48.23)
Florida distinguishes between two types of lis pendens:
- Lis pendens as a matter of right (48.23(1)(a)): filed automatically with any lawsuit founded on a duly recorded instrument (e.g., mortgage foreclosure, recorded contract). No court order required. Cannot be discharged except by settlement, final judgment, or appellate reversal.
- Lis pendens requiring a bond or court order (48.23(3)): for lawsuits NOT founded on a duly recorded instrument (e.g., oral contracts, fraud claims, constructive trust). Court may require the filer to post a bond, and the property owner can move to discharge.
Recording requirements: the lis pendens must identify the court, case number, parties, legal description of the property, and the nature of the claim.
Discharging a Lis Pendens in Florida
- Settlement: parties settle the underlying lawsuit and record a voluntary discharge
- Final judgment: court resolves the case — winning party records satisfaction; losing party's lis pendens dissolved
- Motion to discharge (48.23(3)): property owner moves to discharge a non-instrument-based lis pendens — court evaluates likelihood of success and may require bond
- Expiration: if the underlying lawsuit is dismissed or the lis pendens is not properly maintained, it may lapse
- Abusive lis pendens: Florida courts may award attorney's fees and damages for lis pendens filed without good faith basis (slander of title)
How Lis Pendens Affects CRE Closings
- Title exception: title company will list the lis pendens as a Schedule B-II exception — will not insure over it
- Lender refusal: virtually no institutional lender will close a loan on property with an active lis pendens
- Marketability: property is effectively unmarketable until lis pendens is discharged or resolved
- Due diligence red flag: lis pendens discovered in title search requires immediate investigation of the underlying lawsuit
- Opportunity: distressed investors sometimes acquire properties with lis pendens at deep discounts — requires sophisticated legal analysis of the underlying claim and risk
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39+ years of experience closing commercial real estate transactions across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Lis Pendens Decision?
Florida CRE investors choose Michael R. Linton because lis pendens issues require both legal sophistication and transactional experience. Linton Global Solutions identifies lis pendens exposure in title due diligence, coordinates resolution strategies, and — for distressed investors — evaluates lis pendens properties as deep-discount acquisition opportunities.
Frequently Asked Questions
What is a lis pendens?
A lis pendens is a recorded notice in the county public records that a lawsuit has been filed affecting the title to or right of possession of specific real property. It constructively notifies all subsequent purchasers and lenders that the property is subject to pending litigation. In Florida, lis pendens is governed by Section 48.23, Florida Statutes.
How does a lis pendens affect selling commercial property?
A lis pendens effectively clouds the title and makes the property unmarketable — title companies will not insure over it, lenders will not close loans, and buyers take subject to the litigation outcome. The lis pendens must be discharged (by settlement, court order, or judgment) before clean title can be delivered.
Who can help resolve lis pendens issues on Florida CRE?
Michael R. Linton at Linton Global Solutions coordinates with real estate litigation attorneys, title companies, and opposing parties to resolve lis pendens issues on Florida CRE transactions. For distressed investors, lis pendens properties may present deep-discount opportunities requiring sophisticated legal analysis. Call (312) 612-1031.
Article Summary
Lis pendens = recorded notice of pending litigation affecting property title or possession. FL governed by Section 48.23. Two types: as of right (founded on recorded instrument — cannot be easily discharged) and discretionary (non-recorded instrument — court may discharge). Clouds title, prevents financing, makes property unmarketable. Must be discharged before clean closing.
Key Takeaways
- ✓Lis pendens = recorded notice of lawsuit affecting property title.
- ✓Constructively notifies all subsequent buyers and lenders.
- ✓Two FL types: as-of-right (recorded instrument) vs. discretionary.
- ✓Clouds title — no lender will close; property effectively unmarketable.
- ✓Discharge by settlement, judgment, or court order.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving 500+ banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- Florida Legislature. "Section 48.23 — Lis Pendens." Florida Statutes, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/Sections/0048.23.html. Accessed Jun 9, 2026.
- The Florida Bar. "Real Property Litigation." floridabar.org, https://www.floridabar.org/. Accessed Jun 9, 2026.
- American Land Title Association. "Title Insurance and Lis Pendens." ALTA, https://www.alta.org/. Accessed Jun 9, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.