First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. What are the steps to file and record Notice of Lis Pendens without going to a lawyer.I have downloaded the form. 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. While you can file a lis pendens prior to actually filing a lawsuit, it probably will not stop the foreclosure sale. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process. A recent appellate court decision allowed a plaintiff to record a notice of lis pendens on rental properties based on a constructive trust cause of action.