The form lis pendens below provides an example of a notice of pending action sent for recording with the county recorder. Instead, the foreclosure purchaser must remove (expunge) the lis pendens before it can initiate the eviction process.Since a lis pendens is a matter of public record, it's the first notice to the world that this property may be facing foreclosure. First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. Lis pendens is a notice lenders use when they initiate a foreclosure sale. The home is the owner's all up through to the foreclosure sale auction. The court shall order a lis pendens expunged if it finds the pleading on which the lis pendens is based does not contain a real property claim.