The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. Unfortunately, that is no longer allowed if the borrower has properly recorded a lis pendens prior to the foreclosure sale.First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. Next, provide a description of the real estate involved in the suit. A lis pendens would be filed, for instance, in a foreclosure action or a divorce action, etc. A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located.