A Nevada lis pendens is a notice recorded with the county recorder announcing that a lawsuit affecting a specific piece of real property is pending. Once it is on file, NRS 14.010 treats it as constructive notice to every future buyer or lender, which in practical terms makes the property nearly impossible to sell or refinance until the litigation ends or a court cancels the notice.
What a Recorded Notice Does to Your Property
The moment the notice hits the recorder’s office, anyone who later acquires an interest in the property is legally deemed to know about the lawsuit.1Nevada Legislature. Nevada Code NRS 14.010 – Notice of Pendency of Actions Affecting Real Property: Recording A buyer who closes anyway takes the property subject to whatever the court decides. If the party who filed the notice wins, the buyer’s interest can be wiped out entirely. That is not a risk sophisticated buyers negotiate around. It is a risk that makes them walk away.
Title companies react the same way. A pending lawsuit shows up as a Schedule B exception on the title commitment, meaning the policy will not cover any loss tied to the dispute. Most buyers require clean title insurance to close, so the sale usually dies before it reaches the closing table.
Lenders behave similarly. Refinancing dries up because the collateral is no longer reliable. Some mortgage agreements treat a legal claim against the property as a default event and let the lender accelerate the balance. Home equity lines of credit can be frozen or cut once the lender learns of the recorded notice.
The financial pressure is the point. Even a weak lawsuit can lock the owner out of using the property as a financial asset for as long as the notice sits on the record.
When a Lis Pendens Can Be Filed
NRS 14.010 is mandatory. The plaintiff “shall record” the notice with the county recorder at the time the complaint is filed. A defendant seeking affirmative relief must do the same when filing the answer. You cannot sit on it and record later when the timing suits you.
The notice must include the names of the parties, the purpose of the suit, and a legal description of the property. A defendant’s notice also has to describe the nature and extent of the relief being claimed.1Nevada Legislature. Nevada Code NRS 14.010 – Notice of Pendency of Actions Affecting Real Property: Recording If the property crosses county lines, the notice has to be recorded in every county where any part of it sits.
Not every lawsuit qualifies. The underlying case has to involve foreclosure of a mortgage on the property or otherwise affect the property’s title or possession. Ownership disputes, boundary fights, easements, and contract claims tied directly to real estate all fit. A pure money judgment does not. In Levinson v. Eighth Judicial District Court, the Nevada Supreme Court ordered a lis pendens expunged because the filer was really trying to secure a money judgment rather than protect a property interest.2Midpage. Levinson v. Eighth Judicial District Court of the State of Nevada – 857 P.2d 18
The court drew a similar line in Weddell v. H2O, Inc., holding that a lis pendens tied to a dispute over an option to buy a membership interest in an LLC was unenforceable. Even though the LLC owned real estate, the lawsuit did not involve a direct legal interest in the property itself.3Justia. Weddell v. H2O, Inc.
How to Get a Lis Pendens Removed
NRS 14.015 lets the opposing party request a hearing to challenge the notice. The court has to schedule the hearing as soon as practicable, and it takes priority over other civil matters other than preliminary injunctions. Importantly, the burden of proof is on the party who filed the notice, not on the property owner.4Nevada Legislature. Nevada Code NRS 14.015 – Notice of Pendency of Actions Affecting Real Property: Hearing; Cancellation; Bond
At the hearing, the filer has to prove four things through affidavits and other evidence:
- The lawsuit involves foreclosure of a mortgage on the property or otherwise affects its title or possession.
- The action was not brought in bad faith or for an improper motive.
- The filer can satisfy any conditions that have to be met before the court could grant the relief being sought.
- The filer would be harmed if the property were transferred before the case concludes.
On top of those four, the filer has to clear one of two additional tests. The first is showing a likelihood of prevailing in the lawsuit. The second, slightly lower, requires a fair chance of success on the merits plus evidence that the hardship of a property transfer on the filer would outweigh the hardship the notice imposes on the property owner.4Nevada Legislature. Nevada Code NRS 14.015 – Notice of Pendency of Actions Affecting Real Property: Hearing; Cancellation; Bond
If the filer fails on any of these requirements, the court cancels the lis pendens. The cancellation order has the same effect as expunging the original notice, and the filer has to record a copy of the order with the county recorder.
Posting a Bond Instead
Even if the filer meets every requirement at the hearing, the property owner has one more option. Under NRS 14.015, the owner can ask the court to set a bond amount that would adequately protect the filer’s interest. If the court agrees the bond is sufficient security, the owner posts it and the notice is cancelled.4Nevada Legislature. Nevada Code NRS 14.015 – Notice of Pendency of Actions Affecting Real Property: Hearing; Cancellation; Bond The bond substitutes a cash guarantee for the cloud on title, so the lawsuit can continue without holding the property hostage.
Ending the Underlying Case
A lis pendens also comes off when the underlying lawsuit ends. A final judgment, voluntary dismissal, or settlement that resolves the property claim will clear the notice. The party who recorded it is responsible for recording the release or court order with the county recorder.
When Someone Files an Improper Lis Pendens Against You
Recording a lis pendens on a lawsuit with no real connection to the property is not just ineffective. It can be expensive for the person who filed it. Under NRS 7.085, courts can require an attorney who filed or maintained a frivolous action to personally pay the opposing party’s costs, expenses, and attorney’s fees. The statute directs courts to construe that authority liberally in favor of awarding fees.5Nevada Revised Statutes. Nevada Code NRS 7.085 – Payment of Additional Costs, Expenses and Attorneys Fees
A property owner who suffers actual financial damage from a wrongful filing may also have a slander of title claim. That generally requires showing that someone published a false statement about the property, knew or should have known it would discourage others from dealing with the owner, and that the owner suffered real financial harm. Damages can include lost sale proceeds, carrying costs during the delay, and attorney’s fees spent clearing title.
Federal Court Cases Involving Nevada Property
If the underlying dispute is in federal court, the procedure for recording a lis pendens does not change much. Federal courts do not have their own lis pendens rule. The Advisory Committee notes to Federal Rule of Civil Procedure 64 treat lis pendens as substantive state law affecting property rights rather than a matter of federal procedure.6Legal Information Institute (LII) / Cornell Law School. Federal Rule of Civil Procedure 64 – Seizing a Person or Property
Under 28 U.S.C. ยง 1964, a federal action concerning real property provides constructive notice only if it complies with the state’s recording requirements. A party in federal court has to follow the same NRS 14.010 procedures at the county recorder for the notice to bind third parties in Nevada.7Office of the Law Revision Counsel. 28 U.S. Code 1964 – Constructive Notice of Pending Actions
Federal Rule of Civil Procedure 11 gives federal courts their own tool for abusive filings, including monetary penalties, fee awards, and nonmonetary directives against attorneys or parties who file for an improper purpose or without a factual or legal basis.8Legal Information Institute (LII) / Cornell Law School. Federal Rule of Civil Procedure 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Tax Treatment of the Legal Fees You Pay
Legal fees you pay to fight off a lis pendens or defend your title are not currently deductible as a personal expense. IRS Publication 551 lists “the cost of defending and perfecting title” as an item that gets added to the property’s basis instead.9Internal Revenue Service. Publication 551 (12/2025), Basis of Assets A higher basis reduces your taxable gain when you eventually sell, but it does nothing for cash flow while you are actually paying the lawyers. Pay $15,000 to clear title, then sell for a $100,000 gain, and your taxable gain becomes $85,000. Different rules can apply to property held for business or investment, so a tax professional should review anything more complicated than a personal residence.