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. The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. Our eFiling Portal is currently accepting direct eFilings in the following courts: Don't forget, you also need to Record your Lis Pendens! To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. A lis pendens is permitted in some types of lawsuits and actually required in other types of actions.