The lis pendens can be an effective tool to tie up real property that is involved in a legal dispute. Indeed, per A.R.S. § 12-1191, “[i]n an action affecting title to real property, the plaintiff at the time of filing the complaint, or thereafter, and the defendant at the time of filing the defendant’s pleading when affirmative relief is claimed in such pleading, or thereafter, may file in the office of the recorder of the county in which the property is situated a notice of the pendency of the action or defense.” Lis pendens statutes are designed to provide a better form of notice to one who is interested in a particular piece of real property and to one who may be affected by the outcome of the litigation in which the property is the subject matter of suit. Mammoth Cave Prod. Credit Ass’n v. Gross, 141 Ariz. 389, 687 P.2d 397 (App. 1984).
The practical result of a lis pendens is that once a lis pendens is recorded against a property with the county recorder’s office, the property owner is effectively hamstrung and cannot sell or encumber the property with any mortgage.
The doctrine of lis pendens holds the subject matter of the litigation in custodia legis, thus preventing third persons from acquiring interests in the property which would prevent the court from granting suitable relief or such as would vitiate a judgment subsequently rendered in the litigation. Mammoth Cave Prod. Credit Ass’n v. Gross, 141 Ariz. 389, 687 P.2d 397 (App. 1984). The lis pendens serves two purposes: it provides notice to anyone interested in a piece of real property of pending litigation involving the property and also prevents third persons from acquiring interests in the property during the pendency of the litigation that would prevent the court from granting suitable and effective relief. Coventry Homes v. Scottscom Partnership, 155 Ariz. 215, 745 P.2d 962 (App. 1987); West Pinal Family Health Ctr. v. McBryde, 162 Ariz. 546, 785 P.2d 66 (App. 1989); Hatch Cos. Contracting v. Arizona Bank, 170 Ariz. 553, 826 P.2d 1179 (App. 1991).
A lis pendens is void if it is filed in an action which does not affect title of real property and is not authorized by the statute. Coventry Homes v. Scottscom Partnership, 155 Ariz. 215, 745 P.2d 962 (App. 1987). To be sure, great caution should be taken before filing a lis pendens because if the lis pendens is found to be invalid, then whoever caused the lis pendens to be recorded can be liable for statutory damages and attorneys fees. For example, in Westbrook Rental, LLC v. Michael Goodman, 2024 Ariz.App. LEXIS 105 (App. 2025), the Court of Appeals found that a lis pendens was groundless per A.R.S. § 33-420(A) where the plaintiff who recorded the lis pendens against the subject property failed to actually sue the actual title owner of the property. As a result, the Court of Appeals found that the failure to sue the actual property owner rendered the lis pendens groundless. The Court of Appeals further held that the plaintiff who caused the lis pendens to be recorded was liable for damages and attorneys fees. And under Section “A” of the statute, the person who causes any groundless lien to be recorded is liable to the owner (or title holder) of the property for either three times (3x) the amount of actual damages caused by the recording, or for $5,000, whichever is greater—and any attorney fees and costs of bringing a suit, besides.
If you or someone you know has an issue involving a lis pendens or any other real estate title issue, call Provident Law to speak with one of our real estate attorneys.
Christopher J. Charles is the Founder and Managing Partner of Provident Law ®. He is a State Bar Certified Real Estate Specialist and a former “Broker Hotline Attorney” for the Arizona Association of REALTORS ® (the “AAR”). Mr. Charles recently authored the Arizona Real Estate Law Manual to be published by Lexis Nexis in late 2025. And Mr. Charles serves on the State Bar Real Estate Advisory Commission. In 2017, Mr. Charles obtained one of the Top Ten Civil Verdicts for his client in a real estate dispute. Mr. Charles holds the AV ® Preeminent Rating by the Martindale-Hubbell Peer Review Ratings system which connotes the highest possible rating in both legal ability and ethical standards. He serves as an Arbitrator and Mediator for the AAR regarding real estate disputes; and he served on the State Bar of Arizona’s Civil Jury Instructions Committee where he helped draft the Agency Instructions and the Residential Landlord/Tenant Eviction Jury Instructions. He has taught continuing education classes at the Arizona School of Real Estate and Business, and he can be reached at Chris@ProvidentLawyers.com or at 480-388-3343.