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).A lis pendens also called a notice of pendency of action is a special type of legal document filed with a county recorder. What are the steps to file and record Notice of Lis Pendens without going to a lawyer. I have downloaded the form. There must be an active lawsuit in order to file a Lis Pendens—meaning, you cannot file a Lis Pendens on its own. You do not need permission to file a Notice of Lis Pendens. The Notice is recorded with the county recorder's office. Lis pendens is a Latin term that translates to "lawsuit pending. A notice of lis pendens can be used to prevent a spouse from selling property during a divorce where the house in the name of one spouse but community property.