Lis pendens is a notice lenders use when they initiate a foreclosure sale. Foreclosure Case Started.The lender files a "Lis Pendens" (a pending lawsuit) in court. The "lis pendens" warns all people that title to the property is in litigation. The lis pendens is the first public filing in a foreclosure case. Once the complaint is filed, it enters a Lis pendens, meaning a suit is pending. Lis pendens is an official notice to the public that a lawsuit has been filed and a property has a claim against it. To file a Lis Pendens in Texas, the party initiating the lawsuit must follow procedures outlined in the Texas Property Code. This Residential Foreclosure Actions Consumer Bill of Rights provides guidance to homeowners facing foreclosure in New York. A lis pendens should only be filed in the property records if you have already filed a lawsuit against the foreclosing entity.