What Is a Lis Pendens in New Jersey?

If you've recently received a notice of something called a lis pendens, you may be wondering what it means — and whether you're about to lose your home.

The short answer: a lis pendens is serious, but it is not the end. Here's what you need to know. (And if you want the full picture of what's still possible when you're facing foreclosure in NJ, I've laid out every option stage by stage.)

What Is a Lis Pendens?

A lis pendens (Latin for "suit pending") is a legal notice that a lender files with the county when a foreclosure case begins. It alerts the public that there is an active legal claim involving the property.

Once filed, the lis pendens becomes part of the public record and is attached to the property's title. This means the home cannot be sold or refinanced without the foreclosure matter being resolved first.

What a Lis Pendens Does NOT Mean

Receiving this notice does not mean your home is immediately lost.

A lis pendens marks the beginning of the foreclosure process — not the end. In New Jersey, foreclosure cases move through the court system, and that process takes time. Homeowners typically have months, sometimes longer, to evaluate their options and take action.

Your Options After Receiving a Lis Pendens

The most important thing you can do is act quickly. Waiting reduces your options. Here's what homeowners in this situation typically consider:

Loan Modification or Repayment Plan You may be able to work directly with your lender to restructure your loan or set up a repayment plan for missed payments. Lenders often prefer this over a lengthy foreclosure process.

Selling the Property If keeping the home is no longer realistic, selling before the foreclosure progresses further can protect your credit and put money back in your pocket. This is often a better outcome than waiting for the bank to take the property.

Short Sale If you owe more than the home is worth, a short sale — where the lender agrees to accept less than the full balance — may be an option. Learn more about short sales vs. foreclosure here.

Watch: Jose Explains Lis Pendens

The Importance of Understanding Your Timeline

New Jersey is a judicial foreclosure state, meaning the lender must go through the courts to foreclose. This process has multiple steps — each one giving homeowners an opportunity to respond, negotiate, or make a decision.

Understanding where you are in that timeline is critical. The earlier you take action, the more options you have available.

Get Help With Your Situation

If you received a lis pendens notice and you're unsure what it means for your specific situation, don't navigate it alone. Every homeowner's circumstances are different, and the right path forward depends on your timeline, finances, and goals. My NJ foreclosure help page shows which options remain open at the lis pendens stage — including selling before the process goes further.

Contact Jose today for a confidential, no-pressure conversation about your options.