It's a public record file that notifies anyone who wishes to research the title history and determine the condition of title on a property . Lis pendens is a notice lenders use when they initiate a foreclosure sale.A notice of lis pendens is a legal document recorded in the chain of title to real property at the local register of deeds that gives notice to everyone. SCAO-Approved Forms for Use in Mortgage Foreclosure. This set of forms is used in mortgage foreclosure. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. 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. First, a lawsuit must be filed with the county clerk, and the suit must be pending. First, you can only file a lis pendens if you have a pending lawsuit with the circuit court.