First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property.To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. A lis pendens is a common tool used in Florida to put third parties on notice of a pending lawsuit against real estate. A lis pendens is not a mechanics lien, but it is often required as part of the lien process. Remember that a lis pendens is a notice of a pending lawsuit. You do not need permission to file a Notice of Lis Pendens. The Notice is recorded with the county recorder's office. In order to file a "Lis Pendens" (a.k.a. Notice of Pending Action) to cloud the title you must file a lawsuit.