Notice of Lis Pendens
(Foreclosure) (FL)

Summary

This notice of lis pendens may be used by a foreclosure plaintiff to give formal notice that it has commenced a foreclosure proceeding on real property located in Florida. This template contains practical guidance and drafting notes. This lis pendens may be used for commercial or residential real property and complies with Fla. R. Civ. P. Form 1.918. The lis pendens should be recorded in the public records in the county where the property that is the subject of the foreclosure action is located. Confirm that the clerk in the county where the action is pending will automatically record the lis pendens upon filing in the case, because not all counties follow the same procedure. It is imperative to record the lis pendens as soon as possible because once the notice of lis pendens is recorded, any holders of unrecorded interests must intervene in the case within twenty days, otherwise their rights are extinguished. See Adhin v. First Horizon Home Loans, 44 So. 3d 1245, 1254 (Fla. Dist. Ct. App. 2010). After the lis pendens is recorded, the foreclosure plaintiff's attorney should run a title search on the gap period covering the time between the last title search used to prepare the complaint and the date of recording the lis pendens. If any parties acquired an interest in the property during this period, they should be joined as defendants in the foreclosure action to foreclose their interest in the property. For more on foreclosure proceedings in Florida see Residential Mortgage Foreclosure (FL) and Commercial Mortgage Foreclosure (FL). For additional templates see Mortgage Foreclosure Complaint (Location of Promissory Note Known) (FL), Mortgage Foreclosure Complaint (Location of Original Note Unknown) (FL), and Summons (Foreclosure) (FL).