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 Pending Action, formerly known as a lis pendens, is a document that is recorded to give constructive record notice of a pending lawsuit.A lis pendens is a latin term and is defined as, "a pending legal action, or a notice thereof. " In the real estate world, it means a notice, filed in a court. The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. Lis Pendens Foreclosure Meaning. A lender can file a Lis Pendens notice in the case of a mortgage foreclosure. GILL successfully expunged the lis pendens and was able to complete her sale at the original selling price. During the course of this case in the Superior Court proceedings, Frances Ju addressed the need that the. The defendants have denied the allegations contained in the complaint and have set up an affirmative defense and counterclaim.