The Borrower defaulted on the loan, and the lender initiated foreclosure. First, you can only file a lis pendens if you have a pending lawsuit with the circuit court.This guide has basic information about. There must be an active lawsuit in order to file a Lis Pendens—meaning, you cannot file a Lis Pendens on its own. You complete our online form based on your specific information. Our website generates the form you need, and you review it. Common uses of a Lis Pendens are: Quit Title Action, Mechanic's Lien, Foreclosure, and part of a divorce proceeding. The Mechanics Lien Foreclosure as a Tool for Payment. Common uses of a Lis Pendens are: Quit Title Action, Mechanic's Lien, Foreclosure, and part of a divorce proceeding. A Lis Pendens is also filed in the court where the action it refers to is pending.