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.The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process. If the Tax Collector is aware of a nuisance abatement lien (lis pendens) on a property scheduled for tax sale, he will reference it on the tax sale list. If it was damages, the courts concluded that it did not contain a real property claim and expunged the notice. Foreclosure is when a lender uses a legal process to force the sale of a property (like a home) to cover a debt. Lis Pendens Sample - Free download as Word Doc (. The lawsuit must involve a claim which affects (a) title to, or right to possession of, real property or (b) the use of an easement. (C.