Notice of Lis Pendens (copy). First, you can only file a lis pendens if you have a pending lawsuit with the circuit court.Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). Lis pendens is a notice lenders use when they initiate a foreclosure sale. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. Lis Pendens, A legal notice indicating that litigation is pending. A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process. The lawsuit must involve a claim which affects (a) title to, or right to possession of, real property or (b) the use of an easement. (C. Public Records Requests.