Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). Notice of Lis Pendens and Notice of Pendency of Action.File the lis pendens with the circuit court. 1. You must first file a lawsuit in which title to the property is at issue between the parties; 2. Lis pendens is a notice lenders use when they initiate a foreclosure sale. Form FAQs: How do I know what form to use? How do I tell the Court that my address has changed? To file and record a lis pendens against real estate, the claimant must have made a "real property claim" in the underlying litigation. That is why the contact information for the foreclosure must be included in the Notice of Defaults and the Notice of Sale. A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located.