Brevard County Lis Pendens Form

A Florida lis pendens is a recorded notice that a pending lawsuit affects title to or possession of specific real property in the county where the notice is filed. Florida treats this filing as constructive notice under Section 48.23, Florida Statutes, which means anyone who later acquires an interest in the property — buyer, lender, or lienholder — takes that interest subject to the outcome of the litigation. Two features make Florida's version distinctive. First, a Florida lis pendens is not effective beyond one year from the commencement of the action unless the court extends it for good cause, so timing and renewal are real concerns rather than afterthoughts. Second, when the action is not founded on a duly recorded instrument or a construction lien, the court has broad authority to control the notice and may require the filing party to post a bond. Both points routinely trip up filers who assume Florida practice mirrors other states.

What a Florida Lis Pendens Does and When It Is Used

The notice tells the world that title to the described parcel is in dispute. It is most often filed at the start of a mortgage foreclosure, partition action, quiet title action, suit for specific performance of a real estate contract, fraudulent conveyance claim, dissolution proceeding involving marital real estate, or any other action whose outcome could affect ownership or encumbrances on the property. Once it appears in the official records of the county where the property is located, it clouds the practical marketability of the parcel — title underwriters flag it, buyers withdraw, and lenders decline to fund — until the case is resolved or the notice is discharged.

Statutory Contents Required by Section 48.23

Florida law specifies what the notice must contain. Omitting any of these elements gives the opposing party grounds to move for discharge:

• The names of the parties to the action
• The date the action was instituted, the date of the clerk's electronic receipt, or the case number
• The name of the court in which the action is pending
• A description of the property involved or to be affected
• A statement of the relief sought as to the property

The legal description should match the description in the operative pleading and the description of record. A vague or inconsistent legal description is one of the most common reasons a Florida lis pendens fails to give effective constructive notice or is discharged on motion.

Filing and Recording in the Correct County

The notice must be recorded in the official records of the county where the real property is located. That is independent of where the lawsuit is venued — the action and the property are not always in the same county, and filers sometimes record in the wrong place or assume that placing the notice in the court file is enough. It is not. Until the clerk of the circuit court for the property's county records the document, no constructive notice arises and a bona fide purchaser can take free of the litigation.

Service Requirements

Every document filed in a Florida court proceeding generally must be served on each party in accordance with Rule 2.516 of the Florida Rules of Judicial Administration. The notice of lis pendens is no exception. Recording the notice but neglecting proper service creates a procedural defect that opposing counsel will use on a motion to discharge.

The One-Year Expiration Rule

Section 48.23(2), Florida Statutes, provides that the notice is not effectual for any purpose beyond one year from the commencement of the action unless the court extends it, and the court may impose terms on any extension as justice requires. Filers in protracted litigation must calendar this deadline and move for an extension before the year runs. Letting a Florida lis pendens lapse does not merely remove the cloud — it can open a window in which a buyer or lender acquires an interest free of the constructive notice the filer was relying on.

Bond Requirements and Court Control

When the action is not founded on a duly recorded instrument, such as a recorded mortgage, or on a construction lien, Florida courts have broad discretion under Section 48.23 to control and discharge the notice, including by requiring the filing party to post a bond. The bond protects the property owner against damages caused by an improperly filed notice. A wrongfully filed lis pendens — one filed in bad faith or without a colorable claim affecting title — exposes the filer to damages, attorney's fees, and slander-of-title liability. The control and bond provisions exist because the lis pendens is a powerful tool, and Florida courts treat that power accordingly.

Effect, Discharge, and Release

The notice loses effect when the underlying action is dismissed, judgment is entered, the one-year period expires without extension, or the court enters an order of discharge. When litigation ends in favor of the property owner, recording a release in the same official records clears the title chain. Title underwriters, lenders, and future buyers look for that release before treating the property as marketable, even when the case file shows the matter is closed.

Download Package

This Florida Lis Pendens package includes the form, line-by-line guidelines explaining what to enter in each field, and a completed example for reference. The forms are prepared by the Deeds.com forms development team and are formatted for recording in any Florida county. After purchase, the package is available for instant download.