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.First, you can only file a lis pendens if you have a pending lawsuit with the circuit court. Talkov Law's real estate litigators provide a free checklist of requirements to file a lis pendens (notice of pending action). : When a property owner is facing foreclosure, they may file a lis pendens to contest the foreclosure or seek other remedies through litigation. A Lis Pendens foreclosure is a legal procedure used to protect the rights of parties involved in real estate transactions. A Lis Pendens is filed with the County Recorder in the county where the piece of property that the law suit involves is located. NOTE: Code Civ. Proc. § 405.21 allows an attorney of record in an action to sign a notice of pendency of action.