There is a process for a lis pendens removal, even if it was properly recorded, so, for example, real estate can be sold or a loan can be taken out against it. You need to have the plaintiff sign a notice of withdrawal of lis pendens.Making an agreement: The person who filed the notice and the title owner can settle their dispute and withdraw the notice. SCAO-Approved Forms for Use in Mortgage Foreclosure. This set of forms is used in mortgage foreclosure. A lis pendens is a notice of pending litigation. It constitutes constructive notice of any claims in the suit as to the land. First, a lawsuit must be filed with the county clerk, and the suit must be pending. After completing the required steps, the lender can sell the home at 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.