Step 2: Notice Of Lis Pendens

If a borrower is unable to resolve the issue within the pre-foreclosure period, the lender then files a Lis Pendens with the county Clerk of the Court. “Lis Pendens” is a Latin term meaning “litigation pending.”

The Lis Pendens is a public record document that provides notice of an impending foreclosure and ties up the property. This document officially begins the judicial foreclosure process. From the date of filing, it may take anywhere between 1-3 months (or longer) for the formal process to begin, depending on a multitude of factors (for example: the Lender or back log in the court system based on the jurisdiction)