A lis pendens notice is one of the most alarming pieces of mail a Queens homeowner can receive. But understanding exactly what it means — and what it does not mean — can help you make clear-headed decisions about your next steps. Here is a plain-English guide to lis pendens in New York.
Lis pendens is a Latin term that means "lawsuit pending." In New York real estate, a lis pendens is a legal notice filed against your property indicating that a lawsuit affecting the title to your home has been started. In most cases in Queens, this means your mortgage lender has filed a foreclosure lawsuit in Queens County Supreme Court.
The lis pendens is recorded on the public record and attached to your property's title. It warns potential buyers and lenders that there is active litigation involving this property.
No. A lis pendens is the beginning of a legal process — not the end of it. In New York, foreclosure is a court proceeding that typically takes 12 to 24 months or longer from the filing of the lis pendens to an actual auction. You still own your home. You still have rights. And you still have options.
After a lis pendens is filed, the lender must serve you with a summons and complaint. You have the right to file an answer and contest the foreclosure. The court will schedule settlement conferences. Only after this process is exhausted — and a judge issues a judgment of foreclosure and sale — can an auction be scheduled. In Queens County, this entire process regularly takes two years or more.
Reinstate the mortgage. If you can bring the mortgage current by paying all missed payments, fees, and legal costs, the lender is required to stop the foreclosure and the lis pendens can be vacated.
Loan modification. You can apply for a loan modification to restructure your payments. This is handled through your lender and you should work with a HUD-approved housing counselor.
Sell the property. You can sell your home at any point during the foreclosure process, right up until the auction. Selling to a cash buyer is the fastest route — a good cash buyer can close in 30 days, pay off the outstanding mortgage from the sale proceeds, have the lis pendens vacated, and hand you any remaining equity. The foreclosure case is then dismissed.
Consult a foreclosure defense attorney. A real estate attorney in Queens can review your case and advise on defenses, settlement options, and your specific timeline.
For many homeowners who have received a lis pendens in Queens, the underlying reality is that they cannot afford to keep the property — whether due to job loss, medical bills, a death in the family, or simply falling too far behind. In those cases, selling for cash is not giving up — it is taking control. A clean sale means no foreclosure on your credit record, no deficiency judgment, and money in your pocket from whatever equity remains.
RosenJacob RS is a Queens-based real estate investor that works with homeowners in exactly this situation. If you have received a lis pendens on your Queens property, call or text Rick directly at (212) 602-1515. We will tell you honestly what your property is worth and what a sale would look like for you.