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 notice of a pending lawsuit which you have not sued yet to record a list pendens.1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. 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.