Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). First, you can only file a lis pendens if you have a pending lawsuit with the circuit court.A lis pendens also called a notice of pendency of action is a special type of legal document filed with a county recorder. The document you will need to fill out and file is called a Release of Lis Pendens. The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. 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 Action, also known as Lis Pendens (Latin for "a suit pending"), may be recorded in a lawsuit that involves title to real property. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. Fill in the blank form formatted to comply with all recording and content requirements. Notice, Notice of Trial.