The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process.First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. : When a property owner is facing foreclosure, they may file a lis pendens to contest the foreclosure or seek other remedies through litigation. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. The County Clerk is responsible for recording and maintaining records in Middlesex County.