First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. A notice of pendency, also known as lis pendens, is a provisional remedy available to litigants seeking a judgment that affects title to real property.Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. The filing process involves submitting the notice with the county clerk where the real estate is located. A lis pendens is a legal document filed in New York to give notice of a pending lawsuit involving a particular property. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying 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. Yes you are going to have to draft the documents.