Filing of notice of suit. (a). DO NOT file a lis pendens.A is pendens is only filed an ownership or other interests in the real property are at issue. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. A plaintiff could attempt to file suit in Virginia state court, record a lis pendens, and then request a stay of the case pending arbitration. Additionally, most states (like California) require the notice to be served on all parties with an adverse interest in the property. Fill in the blank form formatted to comply with all recording and content requirements. Affirmative defenses include things such as the failure to provide the requisite notice prior to foreclosure. A Lis Pendens is also filed in the court where the action it refers to is pending.