A Florida lis pendens:
Question & Answer
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Transfers ownership
A lis pendens does not transfer ownership in any way; only a deed or court order can transfer title to real property, and a lis pendens is merely a notice of pending litigation, not a conveyancing instrument.
Gives notice of pending litigation affecting the property
Is a type of deed
A lis pendens is not a deed of any kind; it is a statutory notice instrument recorded in the public record, distinct from warranty deeds, quitclaim deeds, or any other conveyancing document.
Releases the mortgage
A lis pendens does not release a mortgage; mortgage releases are accomplished through a satisfaction of mortgage or a release deed executed by the lender, which are entirely separate instruments.
Why is this correct?
Under Florida Statutes §48.23, a lis pendens is a recorded notice that alerts prospective buyers, lenders, and title insurers that the property is subject to pending litigation that may affect its title or ownership. It does not transfer ownership, create a lien in the traditional sense, or release any existing encumbrance — it is purely a notice instrument. Anyone who acquires an interest in the property after the lis pendens is recorded takes that interest subject to the outcome of the litigation, effectively 'freezing' the title during the pendency of the lawsuit.
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