A lis pendens is a warning sign, not a padlock.
It tells the world a lawsuit affecting this property is pending. The property can still be conveyed. What changes is that any buyer takes subject to the outcome.
Find out what it isWhat it means and where it comes from
Lis pendens is Latin for a suit pending. When litigation affecting title to or an interest in real property is filed, a notice gets recorded with the county clerk so anyone dealing with the property has notice of the claim.
Foreclosure is the most common source in Kentucky. Divorce actions, partition suits, quiet title actions, contract disputes, and mechanics lien enforcement all produce them too.
Why buyers scatter
A buyer who takes the property while a lis pendens is on record takes subject to whatever the court ultimately decides. Title companies will except it from coverage, and lenders will not fund into that exception.
So the property becomes cash only until the underlying case is resolved or the notice is released. That alone is usually what ended your previous sale attempt.
Getting it released
The notice comes off when the underlying case is dismissed, settled, or concluded, or by agreement of the parties, or sometimes by court order where it was improperly filed.
Frequently the fastest path is paying off whatever the case is about at closing, which is how foreclosure related notices usually clear. Tell us what the case is and who filed it, because that determines everything about the timeline.
Five questions. That is the whole thing.
We already know your situation from this page. Change it if it does not fit.
Question 1 of 5
What people ask about this
Can I sell with a lis pendens on record?
To a cash buyer, often yes, with the understanding of what it means. To a financed buyer, generally not until it clears.
Does it mean I am losing the house?
Not by itself. It means litigation affecting the property is pending. What happens depends on that case.
Can it be removed if it was filed improperly?
Sometimes, by motion. That is a question for a Kentucky attorney and worth asking if you believe the filing lacks basis.
Often it is more than one thing at once
Find out what it is.
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