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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 if the suit relates only to part of real estate but the lis pendens covers all of it? Depending on the circumstances, a court may limit the coverage of the lis pendens. Can a lis pendens be filed without filing a lawsuit? No. By definition, it is a notice of a pending lawsuit. Is a lis pendens the only way to provide notice to the public of a claim relating to real estate? No. A title affidavit can be recorded, but it arguably involves a higher risk of triggering a suit for slander to title than a lis pendens. Is a lis pendens a lien on real estate? No. By itself, it does not create a lien. Can a lis pendens properly be recorded in order to provide notice of a pending arbitration? The Georgia law addressing lis pendens only refers to suits.