Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). There must be an active lawsuit in order to file a Lis Pendens—meaning, you cannot file a Lis Pendens on its own.You do not need permission to file a Notice of Lis Pendens. The Notice is recorded with the county recorder's office. The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. A lis pendens also called a notice of pendency of action is a special type of legal document filed with a county recorder. A judge of the court in which an action is pending may, on request of a party thereto, approve such a notice. To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. A notice of lis pendens can be used to prevent a spouse from selling property during a divorce where the house in the name of one spouse but community property.