Title · 3 statesLis pendens by state: where the notice is recorded, what it does and how it is cleared
A lis pendens tells later buyers and lenders that a lawsuit affects the property's title. Arizona: the plaintiff, or a defendant claiming affirmative relief, records a notice of pendency of action with the county recorder; later buyers have constructive notice, a plaintiff whose case is dismissed for lack of prosecution must give a release within 30 days or owe $1,000 plus damages, and after a release, withdrawal or expungement the notice stops giving notice (A.R.S. §12-1191). Alabama: whoever sues to enforce a lien on or recover land files a notice with the probate judge, who records it in the lis pendens record; without it, bona fide purchasers and mortgagees without actual notice aren't affected; the filer enters satisfaction within 30 days after demand, and a bond in double the land's value nullifies a lien lis pendens before judgment (Ala. Code §§35-4-131, 35-4-135–35-4-137). Oklahoma: the notice, filed with the county clerk, makes later interests void against the prevailing party, but it has no effect without service within 120 days after the petition (12 O.S. §2004.2).
How each state handles a lis pendens
Arizona (§12-1191)
County recorder; constructive notice; release within 30 days after a dismissal for lack of prosecution or $1,000 plus damages.
Alabama (§§35-4-131–137)
Probate judge's lis pendens record; satisfaction within 30 days after demand; bond in double the value.
Oklahoma (12 O.S. §2004.2)
County clerk; later interests void against the winner; no effect without service in 120 days.
What the TC does when a lis pendens shows on title
- Flag it to the agents and the title company the day it appears.
- Ask which document clears it – a release, withdrawal, satisfaction, bond or court order.
- Hold the closing date until the title company confirms how it will treat the notice.
Questions about lis pendens
Can you buy a house with a lis pendens on it?
A buyer who takes after the notice is recorded is bound by the outcome of the lawsuit – in Oklahoma, for example, later interests are void against the prevailing party (12 O.S. §2004.2(B)) – so the notice is cleared or insured before closing.
How is a lis pendens removed?
By a recorded release or withdrawal or an expungement order in Arizona (A.R.S. §12-1191(D)), by a satisfaction or a bond in Alabama (Ala. Code §§35-4-136, 35-4-137), or when the Oklahoma 120-day service rule isn't met (12 O.S. §2004.2(A)(2)).
State guides
Track any lis pendens and its release as a title task in ClosingCode.
Start free trialSources: A.R.S. §12-1191 (azleg.gov); Ala. Code §§35-4-131, 35-4-135–35-4-137 (alison.legislature.state.al.us); 12 O.S. §2004.2 (oklegislature.gov); all 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.