A notice of pendency, or lis pendens, records the existence of litigation affecting title to or possession of real property. Once recorded, purchasers and lenders take subject to the outcome.

When available. Where the action affects title, the right to possession, or an interest in identified property. Not available for a money claim the plaintiff merely hopes to satisfy from the defendant’s real estate — the most common misuse and the one that produces liability.

Effect. Constructive notice. It does not prevent a transfer; it makes any transfer subject to the judgment. In practice it stops sales and refinancings entirely, which is why it is powerful.

Content and procedure. Statutes prescribe the form, the required description, and in some states a requirement of court approval or of service on the owner.

Expungement. An owner may move to cancel where the action does not affect title, where the claim lacks probable validity, or where the plaintiff fails to prosecute. Some states permit substitution of a bond.

Liability for wrongful filing. Slander of title, abuse of process, and statutory damages including attorney fees. The privilege for statements in litigation protects a properly filed notice and not one filed to coerce.