A lis pendens has been filed on your property
A notice of lis pendens is a public filing that says a lawsuit affecting this property is pending. It is not a judgment and it is not a sale, but it changes what you can practically do with the house.
Filed after the foreclosure complaint
Recorded with the county clerk or register of deeds
Not a law firm
Start here
A warning to the world,
recorded against the land.
The purpose of a notice of lis pendens is to tell anyone who looks at the property record that a lawsuit is pending that could affect who owns this property.
In a New Jersey foreclosure, the lender files the notice after it files the complaint, with the county clerk or register of deeds and mortgages in the county where the property sits.
Once it is on the record, anyone who later acquires an interest in the property through you is treated as knowing about the case and is bound by its judgment. The notice does not take your house; because a buyer or lender would be bound by the outcome, it makes the house difficult to sell, refinance or borrow against while the case runs.
It follows the complaint
Finding a lis pendens on your property record means a foreclosure complaint has been filed. It does not tell you whether you have been properly served, so check for the summons too.
What changes
Three practical consequences.
- 01
Selling becomes harder
A buyer would take the property bound by the outcome of the foreclosure. In practice the mortgage has to be dealt with at closing, so an ordinary sale turns into a payoff or short-sale negotiation.
- 02
Refinancing becomes difficult
A new lender would be in the same position as a buyer: its interest would be bound by the judgment in the pending case.
- 03
The filing is public
It sits on the county record and is visible to anyone who searches it. That is often what produces the letters and calls many homeowners start receiving at this stage.
In detail
The rules behind the filing.
A notice of lis pendens is set up by statute, and knowing what it is, and what it is not, keeps it in proportion.
Who files it, and where
The plaintiff or its attorney files the notice after the complaint is filed, in the office of the county clerk or the register of deeds and mortgages of the county where the property is located.
So the notice tells you a foreclosure case exists. It does not tell you how far along the case is.
Why buyers and lenders care
Anyone who takes title to, an interest in, or a lien on the property through a defendant after the notice is filed is treated as having known about the case, and is bound by any judgment in it.
That is the whole point of the filing, and it is why the house becomes hard to deal with while the case is open.
What it is not
It is not a judgment and it is not an order that you leave. It does not by itself schedule a sale; a sheriff’s sale comes only after a final judgment and a writ of execution.
It also does not replace being served. If you found a notice of lis pendens but never received a summons and complaint, tell an attorney, because the 35-day answer period runs from service.
The notice and your right to cure
A filed complaint and a recorded notice do not end your right to cure the default. Under the Fair Foreclosure Act you may cure at any time up to the entry of final judgment, by paying what would have been due without the default plus court costs, attorneys’ fees and contractual late charges.
Whether that is realistic, and what else the case file shows, is a question about your numbers rather than a general rule.
If you want to sell
Selling with a notice of lis pendens on the record is not impossible, but it is a transaction with an extra party. The mortgage generally has to be paid off or settled at closing, and a short sale needs the lender to agree to accept less than the balance.
These are conversations to have early, because a sale takes time the case will not give back.
This page describes general New Jersey foreclosure procedure. It is not legal advice, and procedure has exceptions, county practice and case law that no general page can apply to an individual situation. NewJerseyForeclosureHelp.com is not a law firm, a lender, or a government agency. If a deadline, court date, or sale date is approaching, speak with an attorney promptly.
Common questions
About a notice of lis pendens.
What is a lis pendens in a New Jersey foreclosure?
It is a notice the lender files after the foreclosure complaint, with the county clerk or register of deeds and mortgages, saying that a lawsuit affecting the property is pending. It puts anyone who later deals with the property on notice of the case.
Does a lis pendens mean I have lost my house?
No. It is not a judgment and it is not a sale. A sheriff’s sale comes only after a final judgment and a writ of execution. The notice does make the house hard to sell or refinance while the case is open.
Why can’t I refinance with a lis pendens on the property?
Anyone who takes an interest in the property through you after the notice is filed is bound by the judgment in the foreclosure. A new lender would be in that position, which is why refinancing while the case is pending is difficult.
I found a lis pendens but was never served. What does that mean?
The notice follows the filing of a complaint, so a case exists. It does not show whether you were properly served. The 35-day period to answer runs from service, so tell an attorney what you have and have not received.
Can I still sell my house?
It is possible, but the mortgage generally has to be paid off or settled at closing, and a short sale needs the lender to agree to accept less than the balance. These arrangements take time, so they are worth raising early.
Statutes and sources behind this guide
- F1: New Jersey is a judicial foreclosure state: a residential mortgage is foreclosed through an action in the Superior Court, Chancery Division. (N.J.S.A. 2A:50-53 et seq.; R. 4:64), read 2026-09-23
- F8: The debtor may cure the default **at any time up to the entry of final judgment** (or an order of redemption) by paying all sums that would have been due without the default, plus court costs, attorneys' fees and contractual late charges. (N.J.S.A. 2A:50-57(a)–(b)), read 2026-09-23
- F10: A foreclosure begins with a complaint; the plaintiff must receive and review a title search before filing and certify that it has. In a residential case the plaintiff's attorney must also certify a diligent inquiry confirming the accuracy of the filings. (R. 4:64-1), read 2026-09-23
- F11: After filing the complaint, the plaintiff files a notice of lis pendens with the county clerk or register of deeds and mortgages. Anyone later acquiring an interest through the defendant is treated as having notice of the action and is bound by the judgment. (N.J.S.A. 2A:15-6, 2A:15-7), read 2026-09-23
- F12: The homeowner has **35 days** from service of the summons and complaint to file an answer. (R. 4:6-1), read 2026-09-23
- F23: Final judgment may be entered on motion on 10 days' notice where there are no other encumbrancers, or 30 days' notice where there are. A writ of execution then issues to the county sheriff to sell the property. (R. 4:64-1), read 2026-09-23
- F24: The sheriff must conduct the sale within **150 days** of receiving the writ of execution; if that cannot be done the plaintiff may seek appointment of a special master. (N.J.S.A. 2A:50-64), read 2026-09-23
Statutory claims on this page were checked against published New Jersey law and court guidance on 2026-09-23 and are recorded, fact by fact, in the site's evidence file. Statutes change; the date is the date of the check.
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