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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.
In the case of any notice of lis pendens filed on the same date as the pleading upon which the notice is based, the clerkâs notation of the date of receipt on the notice shall satisfy the requirement that the notice contain the date of the institution of the action.