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In states that require judicial foreclosure actions, lenders traditionally file a lis pendens to foreclose on a mortgage or deed-of-trust loan that is in default. On the other hand, a notice of default is used in states that follow non-judicial foreclosure laws. In essence, depending on where the property is located, either a lis pendens or notice of default is issued to begin the foreclosure process. A property is considered to be in preforeclosure from the day a lis pendens is filed until the day the property is sold at auction. The amount of time between these two dates varies greatly from state-to-state.
What is a Notice of Lis Pendens? A Notice of Lis Pendens is an official legal document filed in the public records of the county where the land is located notifying the world there is a claim against the subject property. The Florida Legislature passed laws that govern the requirements of where this document is filed and what must be specified in the notice, including things like names of the parties involved and the relief being sought.