A lis pendens has been filed on your property
A notice of pendency is a public filing that says a lawsuit affecting title to this property is pending. It is not a judgment and it is not a sale, but it changes what you can practically do with the house.
Also called a notice of pendency
Filed with the county clerk, on the property record
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A warning to the world,
recorded against the land.
The purpose of a notice of pendency is to tell anyone who looks at the property record that a lawsuit is pending that could affect who owns this property.
It is filed in the office of the clerk of the county where the property sits. Once it is there, anyone who buys the property or takes a mortgage on it afterwards is bound by the outcome of the case as though they had been a party to it. Their interest can be wiped out by the eventual sale.
That is why title companies and lenders treat one as a hard stop. Nothing about the notice takes your house. Everything about it makes the house difficult to sell, refinance or borrow against while the case runs.
It can arrive before the lawsuit does
A notice of pendency in a foreclosure may be filed before or after you are served, so finding one is not proof that the case has been properly served on you.
What changes
Three practical consequences.
- 01
Selling becomes hard
A buyer would take the property subject to the outcome of the foreclosure. In practice a title company will require the notice to be resolved or the mortgage paid off at closing, so an ordinary sale turns into a payoff negotiation.
- 02
Refinancing usually stops
A new lender would be in the same position as a buyer. Its mortgage could be extinguished by the sale in the pending case, so most will not lend while a notice of pendency stands.
- 03
The filing is public
It sits on the county property record and is visible to anyone who searches it. That is what produces the letters and cold calls many homeowners start receiving at this stage.
In detail
The rules behind the filing.
A notice of pendency is a creature of statute, and the details of when it has to be filed sometimes matter to a case.
When it has to be filed
In a mortgage foreclosure, New York law requires the notice of pendency to be filed at least twenty days before a final judgment directing a sale is rendered. It may be filed before or after the summons is served, and at any time prior to judgment.
So the presence of a notice tells you a case exists or is about to. It does not tell you how far along the case is.
Successive notices
A notice of pendency generally has a limited life and can expire. New York specifically permits successive notices of pendency in mortgage foreclosure actions, which is why a homeowner may see a second one filed years into a long-running case.
A new filing is not by itself a sign that anything has changed in the case.
What it is not
It is not a lien for money and it does not add to what you owe. It is not a judgment, and it is not an order that you leave. It does not by itself schedule anything.
It also does not replace being served. If you found a notice of pendency but never received a summons and complaint, tell an attorney, because how and whether you were served is a real issue in a foreclosure case.
Getting one removed
A notice of pendency is cancelled when the underlying case is resolved, and there are motions to cancel one in particular circumstances, including where the action is not one that affects title or where the plaintiff has not proceeded diligently.
Whether any of that applies is a question about your case file rather than a general rule, and it is worth asking rather than assuming.
If you want to sell
Selling with a notice of pendency on the record is not impossible, but it is a transaction with an extra party. The mortgage generally has to be paid off or settled at closing, and a short sale needs the lender to agree to accept less than the balance.
These are conversations to have early, because a sale takes time the case will not give back.
This page describes general New York foreclosure procedure. It is not legal advice, and procedure has exceptions, county practice and case law that no general page can apply to an individual situation. NewYorkForeclosureHelp.com is not a law firm, a lender, or a government agency. If a deadline, court date, or sale date is approaching, speak with an attorney promptly.
Common questions
About a notice of pendency.
Does a lis pendens mean I am losing my house?
No. It means a lawsuit affecting title is pending. Ownership changes only after a judgment and a sale, which are separate steps later in the case.
I found one but was never served. What now?
A notice of pendency in a foreclosure can be filed before service. Whether you were properly served is a separate and important question, so raise it with an attorney rather than assuming the case is properly against you.
Can I sell the house?
It becomes complicated rather than impossible. A title company will generally require the mortgage to be paid off or the notice resolved at closing, and a short sale requires the lender to agree. Start early if this is your plan.
Why am I suddenly getting letters and calls?
The filing is public and appears on the county property record. Investors and service providers watch those records. Be cautious with anyone offering to buy the house or to make the problem go away for a fee, and have any written offer reviewed independently.
Will it show on my credit report?
A notice of pendency is a property record filing, not a credit reporting entry. The underlying mortgage delinquency is what gets reported to credit bureaus by your servicer.
Statutes and sources behind this guide
- F13: A notice of pendency (lis pendens) is a recorded notice that a lawsuit affecting title to the property is pending. (CPLR § 6501), read 2026-09-09
- F14: RPAPL § 1331 requires the notice of pendency in a mortgage foreclosure to be filed at least **20 days** before a final judgment directing a sale is rendered. It may be filed before or after service of the summons. (RPAPL § 1331; CPLR § 6511), read 2026-09-09
- F15: Filing binds subsequent purchasers and encumbrancers as if they had been made parties; their interests are extinguished by the sale., read 2026-09-09
- F16: CPLR § 6516 permits successive notices of pendency in mortgage foreclosure actions. (CPLR § 6516; as above), read 2026-09-09
Statutory claims on this page were checked against published New York law and court guidance on 2026-09-09 and are recorded, fact by fact, in the site's evidence file. Statutes change; the date is the date of the check.
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