What Is a Lis Pendens in Pennsylvania and What Does It Mean for Sellers?
If you’ve discovered a lis pendens filed against your Pittsburgh-area property, or if you’re considering selling a home that has one on title, you need to understand what this legal notice does — and what it doesn’t do. A lis pendens is not a lien. It doesn’t mean you can’t sell. But it does complicate the sale and requires attention before or at closing.
What Does “Lis Pendens” Mean?
Lis pendens is a Latin phrase meaning “lawsuit pending.” In Pennsylvania real estate, it’s a formal notice filed in the county recorder of deeds office (in Allegheny County, that’s the Allegheny County Department of Real Estate) that alerts the public — specifically potential buyers and lenders — that there is active litigation involving the property.
Think of it as a flag on the title. Anyone searching the property’s title history will see the lis pendens and know that there’s a dispute involving this property currently being litigated in court.
What Kinds of Lawsuits Trigger a Lis Pendens in Pennsylvania?
Not every lawsuit involving a property can support a lis pendens — Pennsylvania law requires the underlying case to directly affect the title to or possession of the property. Common situations that lead to a lis pendens filing:
- Mortgage foreclosure: The most common reason for lis pendens in Allegheny County. When a lender files a foreclosure complaint in Court of Common Pleas, they also file a lis pendens to put subsequent buyers on notice that the property is in foreclosure litigation. If you’re buying or selling a foreclosure property, the lis pendens will appear in the title search.
- Mechanic’s lien litigation: A contractor or supplier who filed a mechanic’s lien and then filed suit to enforce it may file a lis pendens to protect their claim during litigation.
- Boundary/title disputes: When ownership of a strip of land or a right-of-way is actively disputed in court, a lis pendens may be filed.
- Estate/probate litigation: Heir disputes over who has the right to inherit (and sell) a property can result in a lis pendens filed by an Allegheny County Orphans’ Court party.
- Divorce proceedings involving property division: In contested Pennsylvania divorces where the marital home is at issue, a lis pendens may be filed to prevent one spouse from selling the property without court approval.
- Contract disputes: If someone claims they had a valid purchase agreement on a property and the seller sold to someone else, they may file a lis pendens while litigating specific performance.
Does a Lis Pendens Prevent Me From Selling My Pittsburgh Home?
Not automatically — but it creates significant practical complications.
You retain the legal right to sell the property while a lis pendens is on title. However, the lis pendens provides legal notice to any buyer that they’re purchasing a property involved in active litigation. Under Pennsylvania’s lis pendens doctrine, a buyer who purchases with notice of the lis pendens takes the property subject to whatever the court ultimately decides in the pending case.
In plain English: if you sell while a foreclosure lis pendens is on title, and the foreclosure case ultimately results in a sheriff sale, the buyer you sold to could potentially have their purchase voided. This risk makes most conventional buyers — and especially their mortgage lenders — unwilling to proceed.
Cash buyers, however, can sometimes purchase subject to a lis pendens if the underlying matter can be resolved at or before closing. For example:
- A foreclosure lis pendens can be discharged when the mortgage is paid off at closing — the sale proceeds pay the lender, and the lender’s attorney files a discharge of the lis pendens at closing
- A mechanic’s lien lis pendens can be satisfied by paying the underlying amount at closing
- An estate dispute lis pendens requires court resolution or a negotiated settlement — a cash buyer willing to wait for that resolution can still purchase
How Is a Lis Pendens Discharged or Removed in Pennsylvania?
There are several ways to remove or discharge a lis pendens in Pennsylvania:
Satisfying the underlying claim: If the lis pendens was filed in connection with a foreclosure or lien, paying off the underlying debt (mortgage balance, mechanic’s lien amount, tax arrearage) causes the underlying case to be dismissed and allows the lis pendens to be discharged. This commonly happens at closing.
Winning the underlying litigation: If the court rules in the property owner’s favor and the case is dismissed, the lis pendens can be discharged by order of court.
Filing a motion to discharge: Pennsylvania Rule of Civil Procedure 1531 allows a property owner to petition the court to discharge a lis pendens that was improperly filed or where the filing party can’t establish a valid basis for it. This is a legal proceeding requiring an attorney.
Expiration (in some cases): Some lis pendens filings have expiration provisions under state law if not renewed. Consult a Pennsylvania real estate attorney regarding the specific filing.
What Does the Title Search Show?
When a title company in Allegheny County conducts a title search before your closing, they search the recorder of deeds records for lis pendens filings, as well as the prothonotary (court clerk) records for any judgments. A lis pendens will show up in this search, and the title company will flag it as a title defect requiring resolution before they’ll insure title.
This is why selling with a lis pendens is difficult with conventional financing — the buyer’s mortgage lender requires title insurance, and the title company won’t insure until the lis pendens is discharged. Cash buyers don’t have a lender, which is why they can sometimes purchase with a lis pendens on title when conventional buyers can’t.
Lis Pendens in Allegheny County: The Foreclosure Context
With Allegheny County foreclosure filings up 162% year-over-year as of April 2026, lis pendens filings in connection with foreclosure complaints are increasing proportionally. If you’ve been served with a foreclosure complaint, a lis pendens was almost certainly filed simultaneously — it’s standard practice for foreclosure attorneys in Pennsylvania.
The presence of a foreclosure lis pendens doesn’t prevent a cash sale. In fact, many Pittsburgh homeowners we work with sell their properties specifically because the lis pendens has complicated their ability to refinance, list with an agent, or sell through conventional channels. A cash sale that pays off the mortgage discharges the lis pendens as part of the closing process.
Frequently Asked Questions: Lis Pendens in Pennsylvania
Can a lis pendens be filed improperly, and what can I do?
Yes. Pennsylvania courts have held that lis pendens can be filed improperly if the underlying lawsuit doesn’t actually involve the title or possession of the property, or if the filing party doesn’t have standing. If you believe a lis pendens was improperly filed against your Pittsburgh property, a real estate attorney can file a motion to discharge it in the applicable Court of Common Pleas.
Does a lis pendens in a divorce affect my ability to sell the marital home?
Yes. In contested Pennsylvania divorces, a lis pendens on the marital home signals that one party has asked the court to control what happens with the property. Both parties typically need to agree to a sale, or obtain court approval. A family law attorney should be involved in any marital property sale where a lis pendens has been filed.
I found a lis pendens in a title search on a property I want to buy. Should I walk away?
Not necessarily — but get legal advice. The key question is whether the underlying litigation can be resolved at or before closing. If the lis pendens stems from a foreclosure that will be paid off at closing, it’s generally resolvable. If it stems from an unresolved ownership dispute, contested estate, or complex litigation, the risk and timeline are harder to manage.
Disclaimer: This article is general information only and not legal advice. If your property has a lis pendens, consult a licensed Pennsylvania real estate attorney before taking action.
If you have a Pittsburgh property with a lis pendens and want to explore whether a cash sale can cut through the complexity, contact We Buy Property LLC. We work with sellers in complicated title situations regularly. 73+ Google Reviews. (412) 424-6412.