US-New YorkWhat is a lis pendens and when can it be filed in New York?
A lis pendens is a notice filed in New York real property records warning that a lawsuit affecting the title or possession of that property is pending. It can be filed only in actions involving real property rights, such as foreclosure, partition, or specific performance of a real estate contract.
What the Law Says
New York law defines and regulates the filing of a lis pendens under the Civil Practice Law and Rules (CPLR). It serves as a public warning that litigation affecting title or possession of real property is underway.
A lis pendens (Latin for 'suit pending') is not a lien, but a statutory notice filed with the county clerk where the real property is located. Its purpose is to put third parties — like buyers or lenders — on notice that a court action may affect their interest in the property.
Under CPLR 6501, a lis pendens may be filed only in an action 'in which the title to, or the possession of, real property is involved.' This includes lawsuits seeking foreclosure, partition, ejectment, specific performance of a real estate contract, or declaratory judgment affecting ownership.
The notice must describe the property with reasonable certainty (e.g., street address and block/lot number), name all parties, and state the court and index number of the action. Once filed, it clouds the title and may prevent marketable transfer until resolved or vacated.
Statutory TextAn action in which the title to, or the possession of, real property is involved is a proper subject for a notice of pendency.
— CPLR 6501 — Notice of Pendency
Statutory TextWithin thirty days after filing a notice of pendency, the plaintiff shall serve a copy thereof upon each defendant in the manner prescribed for the service of a summons.
— CPLR 6501 — Notice of Pendency
What to Do
Confirm your lawsuit involves title to or possession of real property (e.g., foreclosure, partition, specific performance).
Prepare a notice of pendency that identifies the property, parties, court, and index number.
File the notice with the county clerk in the county where the property is located.
Serve a copy on each defendant within 30 days of filing, using proper service methods (e.g., personal delivery or certified mail).
Be prepared to defend against a motion to cancel (vacate) the lis pendens if the defendant challenges its validity or sufficiency.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.