Florida · TitleFlorida lis pendens: recording, the 30-day intervention rule and one-year expiration
In Florida a pending lawsuit affects real property only if a notice of lis pendens is recorded in the county's official records and hasn't expired, been withdrawn or been discharged. The notice must give the parties, the date the action began or its case number, the court, a property description and the relief sought. A suit for specific performance, or one not based on a recorded instrument, has no effect on title except between the parties unless the notice is recorded, and without it a buyer for value during the case takes free of those claims (Fla. Stat. §48.23(1)). Once recorded, the notice bars enforcement against the property of interests and liens that were unrecorded at that time, unless their holders move to intervene within 30 days and the court grants the motion. A notice is ineffective one year after the action began unless the claim rests on a recorded instrument or a construction lien, or the court extends it for good cause; when the claim isn't based on a recorded instrument or construction lien, the court controls and discharges the notice as it would an injunction (§48.23(2)–(3)).
What the statute sets
Recording required (§48.23(1)(a))
No effect on the property unless a notice is recorded and still in force.
Contents (§48.23(1)(c))
Parties, start date or case number, court, property description and relief sought.
30 days (§48.23(1)(d))
Unrecorded interests and liens must move to intervene within 30 days of the recording.
One year (§48.23(2))
Expires one year after the suit began unless based on a recorded instrument or construction lien, or extended.
Discharge (§48.23(3))
If not based on a recorded instrument or construction lien, the court discharges it as it would an injunction.
What the TC does when a lis pendens shows on title
- Note when the lawsuit began – a notice not based on a recorded instrument expires a year later unless extended.
- Send the case number to the seller's attorney and the title company and ask what they need to close: a release, a discharge order or expiration.
- Calendar any hearing on a motion to discharge.
Questions about Florida lis pendens
Does a lis pendens expire in Florida?
Yes, unless the claim is founded on a duly recorded instrument or a construction lien: the notice is not effectual beyond one year from the start of the action unless the court extends it on reasonable notice and for good cause (Fla. Stat. §48.23(2)).
What happens to unrecorded liens when a lis pendens is recorded?
They can't be enforced against the property unless the holder moves to intervene within 30 days after the notice is recorded and the court grants the motion; if the case goes to a judicial sale, the property is discharged from them (Fla. Stat. §48.23(1)(d)).
Related guides
Put the lis pendens expiration date and any discharge hearing on the deal as dated tasks in ClosingCode.
Start free trialSource: Fla. Stat. §48.23 (flsenate.gov), read October 29, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.