Historically known as lis pendens, a notice of pendency constructively gives notice of the ownership dispute to any potential thirdparty. A lis pendens is the first filing made during the foreclosure process.Barron's Dictionary of Real Estate Terms defines Lis Pendens as Latin for suit pending. A notice of pendency, also known as lis pendens, is a provisional remedy available to litigants seeking a judgment that affects title to real property. The Office of the City Register records and maintains New York City real property and certain personal property transfer records, such as mortgage documents. The Office of the City Register records and maintains New York City real property and certain personal property transfer records, such as mortgage documents. No information is available for this page. Notice Pendency (lis pendens). You may still have an action for damages but only if it was provided for in the real estate contract. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation.