How to Remove a Lis Pendens in Florida
The fastest way to remove a lis pendens in Florida is to file a motion in court showing that the lawsuit doesn’t directly affect ownership or that the filing was wrongful. At Southron Firm, P.A., our real estate litigation attorneys handle this process every day, using the Florida lis pendens statute to challenge improper filings and clear property titles quickly.
Florida’s real estate market moves fast, and when a lis pendens is filed against your property, sales stall, lenders back out, and property values suffer. We help property owners, investors, and businesses protect their rights and keep their transactions moving. If a lis pendens is blocking your sale, refinance, or use of property, we’ll fight to have it removed and restore your control.
Fight back against a wrongful lis pendens — we can help now.
What Is a Lis Pendens?
A lis pendens is a legal notice recorded in the county’s public records to show that a property is involved in a lawsuit. Under the Florida lis pendens statute (Florida Statute 48.23), it serves as a warning to buyers, lenders, and anyone interested in the property that the title may be disputed.
Common situations where a lis pendens may be filed include:
- A business partner dispute over ownership of commercial property.
- A contractor dispute tied to payment on a real estate project.
- A divorce case where property ownership or division is contested.
A lis pendens does not decide who owns the property. Instead, it creates a legal “cloud” on the title, making buyers and lenders reluctant to move forward until the court resolves the underlying lawsuit. But if the lawsuit does not truly affect property ownership—or the filing was improper—you may have legal grounds to challenge and remove the lis pendens.
When Can You Remove a Lis Pendens in Florida?
Not all lis pendens filings are valid. Many are filed improperly, or even wrongfully, to pressure the property owner, delay a sale, or interfere with financing. Florida law recognizes that property owners should not be unfairly blocked from selling, refinancing, or using their property.
In Florida, you may be able to remove a lis pendens if any of the following apply:
- The underlying lawsuit does not directly affect the property’s ownership or title.
- The lis pendens was filed without a legal or factual basis.
- The filer failed to meet the statutory requirements outlined in Florida law.
- The notice was filed in bad faith, intended to harm your interests or interfere with a transaction.
When any of these circumstances exist, a motion to discharge or a motion to expunge lis pendens can be filed in the appropriate Florida court. This motion asks the court to remove the notice from the public record, effectively clearing the property title.
A lis pendens can stall sales, refinancing, or other transactions. The longer it remains, the greater the potential financial impact. An experienced Florida real estate litigation attorney can quickly evaluate your case, determine the strongest legal arguments, and file the proper motions to remove the lis pendens as efficiently as possible.
The Process of Removing a Lis Pendens in Florida
Removing a lis pendens requires careful legal strategy and attention to Florida law. At Southron Firm, P.A., we guide property owners, investors, and businesses through every step of the process to protect property rights and restore clear title.
The process of removing a lis pendens in Florida typically includes:
- Comprehensive Case Review: The process begins with a detailed review of the underlying lawsuit. Our attorneys examine whether the lawsuit legitimately affects property ownership, whether the lis pendens was filed according to Florida Statute 48.23, and whether there are any legal weaknesses that can be challenged. This step ensures we develop the strongest approach for removal.
- Filing a Motion to Discharge or Expunge: Once the case is reviewed, we file the appropriate motion. A motion to discharge is used when the lawsuit does not directly impact ownership, while a motion to expunge is used when the lis pendens was filed improperly, fraudulently, or in bad faith. The motion includes supporting evidence and legal arguments demonstrating why the lis pendens should be removed.
- Court Hearing and Presentation: After filing, the court may schedule a hearing. Our attorneys present evidence and legal arguments showing the lis pendens is invalid. We emphasize statutory violations, provide documentation supporting your position, and explain the impact on your property and transactions. This ensures the judge has a complete understanding of the situation.
- Court Order and Title Restoration: If the court grants the motion, an order is issued removing the lis pendens from the public record. This clears the property title, allowing sales, refinancing, or transfers to proceed without delay. Acting quickly is critical, as removing a lis pendens promptly minimizes financial loss and prevents unnecessary delays in property transactions.
The timeline depends on the complexity of the case, the responsiveness of the opposing party, and the court’s schedule. In many situations, lis pendens removals are resolved within weeks, but acting promptly is crucial. Quick action reduces financial exposure and prevents unnecessary delays in property transactions.
Why Removing a Lis Pendens Matters
Leaving a lis pendens unchallenged can have serious financial and legal consequences. A lis pendens creates a cloud on your property title, which can stop transactions in their tracks. At Southron Firm, P.A., we often see the following impacts when a lis pendens remains unresolved.
- Property sale delays: Buyers are reluctant to purchase properties with disputed ownership.
- Financing roadblocks: Lenders may refuse to provide mortgages or refinance loans.
- Reduced property value: The perceived risk can lower offers or stall negotiations.
- Extended legal disputes: Wrongful filings can drag out lawsuits, creating added stress and legal costs.
Even if no immediate sale is planned, these issues can affect your ability to leverage, transfer, or refinance your property. Our team has helped clients throughout Florida successfully remove wrongful lis pendens. By challenging improper filings efficiently, we restore our clients’ ability to sell, refinance, or otherwise use their property without unnecessary delays.
How Our Real Estate Litigation Attorneys Can Help Remove a Lis Pendens
When a lis pendens is filed against your property, quick and decisive action is critical. At Southron Firm, P.A., our real estate litigation attorneys have the experience and knowledge to challenge wrongful filings and protect your property rights.
We guide clients through every step of the process, providing practical, results-driven strategies tailored to each situation. Our team understands Florida’s property laws, the nuances of the lis pendens statute, and the procedures courts use to evaluate motions to discharge or expunge a lis pendens.
By working with us, you benefit from:
- Extensive experience: We have successfully challenged numerous wrongful lis pendens filings across Florida, including Tampa, St. Petersburg, and Orlando.
- Expert knowledge of Florida law: Our attorneys are well-versed in the statutes and case law that govern property disputes and lis pendens filings.
- Clear, actionable guidance: We communicate in plain language, so you understand your options and the steps we’re taking to remove the lis pendens.
- Efficient, timely action: We move quickly to file motions, present evidence, and advocate in court to minimize delays and financial impact.
A lis pendens can stall property sales, refinancing, and other transactions, sometimes for months. The longer it remains, the greater the potential loss in value and opportunity. At Southron Firm, P.A., we act swiftly to remove improper filings, restore your ability to use your property, and protect your financial interests.
Don’t wait to protect your property rights. Contact our Florida real estate litigation attorneys today to discuss how we can help remove a lis pendens from your property and get your transactions back on track.
Get your property cleared and back on the market fast.