First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process.A lis pendens automatically remains on title until withdrawn, expunged, or a judgment recorded. : When a property owner is facing foreclosure, they may file a lis pendens to contest the foreclosure or seek other remedies through litigation. You must first file your lawsuit. Then you must file a petition for a hearing on your proposed lis pendens, which will require notice to the opposing party. A lis pendens refers to the certificate issued under the authority of its predecessor, the Judicature Act, s. This article describes the steps and timeline of a foreclosure case from beginning to end. 1. Mortgage in default 2. Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender.