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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.
If the lis pendens does not relate to a property claim, a motion to expunge the lis pendens can be filed, there is no privilege, and the property owner can file an action for slander of title and for interference with prospective economic advantage.