California property glossary
Lis Pendens
Also called notice of pendency of action, NOPA
Quick answer
A lis pendens is a recorded notice that a lawsuit is pending that claims an interest in a specific property. It does not freeze title by court order, but it warns every future buyer, lender, and title insurer that they take subject to the outcome — which in practice makes the property nearly impossible to sell or finance until it is resolved.
Key facts
- Statute
- Code of Civil Procedure §405 et seq.
- What justifies one
- Only a 'real property claim' — a lawsuit asserting a right to title or possession, not a general money dispute
- How it is removed
- Withdrawal by the claimant, expungement by court motion (§405.30), or resolution of the case
- Expungement standard
- The claimant must establish the probable validity of the real property claim, or the notice comes off
- Effect on a sale
- Title companies will generally not insure over it, so most transactions stop until it clears
What it means
It's filed with the county recorder and tied to litigation such as a boundary dispute, partition action, divorce, or contract dispute, and it stays on title until the case resolves or a court expunges the notice.
California Code of Civil Procedure Section 405 governs lis pendens filings. An improperly filed one can be challenged and expunged, but until that happens, most title companies won't insure a sale.
A property with an active lis pendens is essentially unsellable through a normal listing, since buyers' lenders won't close on clouded title. Resolving or working around the underlying lawsuit, typically with an attorney's involvement, is usually the first step before any sale — cash or otherwise — can close.
Why this matters when you are selling
A lis pendens is the fastest way for an adverse party to take a property off the market without a court order, which is why it shows up so often in divorce, partition disputes among heirs, failed purchase contracts, and quiet-title fights. The seller's instinct is to negotiate the underlying dispute; the more effective first question is usually whether the recorded claim is actually a real property claim at all. A creditor suing over unpaid money has no right to record one, and an improperly recorded notice is expungeable — with the losing party ordinarily paying the other's attorney fees.
For sellers, the sequencing matters. A lis pendens discovered in escrow kills the deal and burns the buyer's goodwill; the same lis pendens discovered before listing is a solvable problem with a known path. Ordering a preliminary title report early — before marketing, not after an offer — is what separates those two outcomes.
Common mistakes
Waiting to see whether the buyer's title company notices it.
Instead: It will. Pull a preliminary title report before going to market so the timeline reflects reality.
Assuming any lawsuit supports a lis pendens.
Instead: Only claims to the property itself qualify. A recorded notice that lacks a real property claim is a strong candidate for expungement with fees.
Settling the underlying dispute without recording the release.
Instead: Title clears when the withdrawal or expungement order is recorded, not when the parties shake hands. Confirm the recording before scheduling a closing.
Questions people ask
Can I sell a property with a lis pendens recorded against it?
Legally yes, practically almost never. A buyer would take title subject to the lawsuit's outcome and could not get title insurance, so financed buyers are out and even cash buyers usually decline. Resolving or expunging the notice first is the normal path.
How long does a lis pendens last?
Until it is withdrawn, expunged, or the case ends and the judgment is recorded. There is no automatic expiration, which is why an abandoned lawsuit can leave a cloud on title for years.
Who typically records one in a property sale gone wrong?
Most often a buyer whose purchase contract fell apart and who claims a right to specific performance. That claim is a real property claim on its face, which is what makes it effective — and why the expungement standard, requiring probable validity, matters so much.
Bottom line
Treat a lis pendens as a hard stop on marketability and a soft legal claim. The first question is not how to settle the lawsuit but whether the recorded notice is supported by a genuine claim to the property — because if it is not, expungement is faster and cheaper than settlement, and the statute shifts fees to the party who recorded it improperly.
Official sources
- California Legislative Information
Code of Civil Procedure §§405–405.61, covering recording, expungement, and fee-shifting.
- California Courts Self-Help
General guidance on civil procedure and finding the right court.
Written and maintained by Sierra Property Buyers, a direct property buyer working across Northern California. Last reviewed July 2026. This page is general information about how California property transactions work — it is not legal, tax, or financial advice, and the specifics of any situation should be confirmed with an attorney, a CPA, or the relevant agency.
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