Lis Pendens Florida — everything you need to know (well….almost)

In the News • Sep 4, 2023

Dealing with a Lis Pendens Florida? Need to preserve your rights? Read a new opinion on this Florida Real Estate Legal topic to learn just about all you need to know . For a free legal video on this subject you can also CLICK HERE. (no one will ask you for your name or any data or information)

A lis pendens Florida may be needed to assert your rights to real estate. #lispendensflorida

Real Estate Litigation in Florida

There are a lot of disputes regarding Florida real estate.

Sometimes, a closing does not go as planned. The buyer and the seller have a disagreement after signing the purchase and sale contract. Which shouldn’t happen, right? After all, that’s why you put things in writing in the first place. But, sometimes a real estate contract just doesn’t address certain issues or rights.

But, more often then not, lots of probate disputes involve real estate.

Especially homestead.

Especially when someone like an heir or a personal representative of an estate is trying to sell the real estate quickly. Maybe they did not give you notice. Maybe it’s really supposed to be YOUR real estate.

And when you are “fighting” about homestead litigation or real estate litigation, everyone wants to know about a lis pendens.

Lis Pendens Florida

To read about the statute in Florida, click: Florida Statute 48.23.

To read a new 3rd DCA opinion on this subject, click here. Scroll to case 23-1180 dated 8/30/2023.

Here is a list of “bullet points” about this topic:

You can file a lis pendens to put people on notice of pending litigation
Typically a controversy involving ownership of the Florida real estate
They don’t last forever, so monitor your clock.
Why? If the real estate is sold, the buyer, or his lawyer or the title company, will do a title search. You know….to make sure that the seller really owns the property to be sold. A title search should find any liens or notices of litigation.
Think of a lis pendens of like a claim to ownership. Telling the world that there is litigation pending which may affect the title. Buyers will be cautious.
Two last important points: what do you do if everyone who is “fighting” over the real estate, or claiming, ownership, don’t want to lose a sale.
One option is for everyone to sign the deed and agree that the sale proceeds are kept safe and not distributed until the ownership is ruled upon by the Court. This is typically done with an agreed order of the court.
Second, don’t be placing lis pendens on real estate for any reason. If you are wrongfully interfering with a sale or ownership or one’s title, you can get sued for that interference.