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What is a release of lis pendens?

A Florida Lis Pendens (which means pending lawsuit) is a tool that is commonly used to notify a third-party of a pending lawsuit against a real estate property, typically with regard to the title or an interest.

This legal document serves to protect the plaintiff in the lawsuit from any liens that may be filed against the property after the Lis Pendens has been drafted and recorded. A Florida Lis Pendens is often used in cases of foreclosure, either on a mortgage or a construction lien, and in other actions related to the property’s interest and title.

Until the lis pendens is removed, a property owner may find it difficult to sell, finance, or obtain title insurance for the real estate in question. However, once any litigation has been resolved, a lis pendens can be removed through a Florida Release of Lis Pendens. This legal document will formally remove the lis pendens so that the property title is clear.
A release of lis pendens must be recorded with the clerk of the court in the county where the property is located in order for the release to go into effect.

Published: Feb 2, 2023

Updated: Sep 26, 2022

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