A notice of lis pendens is a public notice that a lawsuit has been filed that affects your property, such as a foreclosure, a lien enforcement, a dispute over who owns the property, or a city or county housing code case. It does not take the property from you, but it puts every future buyer and lender on notice. ENC Home Solutions buys properties with a lis pendens on record across Pitt County and Eastern North Carolina, working with the closing attorney to clear it.
ENC Home Solutions is a family-owned cash home buyer in Greenville, North Carolina, buying houses, land and mobile homes across Pitt County and Eastern North Carolina since 2020, with 150+ properties bought and counting.
What is a notice of lis pendens in North Carolina?
“Lis pendens” is Latin for a pending lawsuit. Under North Carolina General Statute 1-116, the notice is filed with the Clerk of Superior Court in each county where the property sits and cross-indexed in the Record of Lis Pendens. It must name the court, the parties, the nature of the lawsuit and the property.
What kinds of cases lead to a lis pendens?
- Actions affecting who owns the property, such as a dispute between heirs or co-owners
- Foreclosure of a mortgage or deed of trust, or enforcement of a lien on the property
- Cases where the property has been attached
- City or county cases under building inspection or minimum housing standards
How does a lis pendens affect selling my property?
Anyone who buys or lends on the property after the notice is cross-indexed is bound by the outcome of the lawsuit, as if they were a party to it. That is why most buyers and lenders will not close until the notice is cancelled or the claim behind it is resolved. A sale can still happen; it just has to deal with the lawsuit first.
How does a lis pendens get removed?
A notice can become void if the case is not pursued properly in the early weeks after filing, and the court can order it cancelled once the case is settled, dismissed or otherwise ended. In practice, many are cleared at closing: the claim is paid or settled from the sale proceeds and the closing attorney arranges the cancellation.
Confirm your exact dates with your attorney or the Clerk of Superior Court. ENC Home Solutions is not a law firm.
Why sell to a cash buyer when there is a lis pendens?
Because a cash buyer does not need a bank that refuses to lend on a property with a pending lawsuit. We review the notice with the closing attorney, figure out what it takes to clear it, and build that into one written offer. You choose the closing date.
How does selling to ENC Home Solutions work?
- Call us or fill out the form. Tell us the address and a little about the property.
- We walk the property. A member of our team sees it in person, usually within a few days and at a time that suits you.
- You get a written cash offer. You get it within 96 hours, with no obligation and no pressure.
- You choose the closing date. A local North Carolina closing attorney handles the title work and payoffs.
- Get paid at closing. No commissions, no repairs and no cleanout, and we cover the closing costs.
Get a written cash offer for your property. No obligation, no commissions, no repairs.
Frequently asked questions
Can I sell my property with a lis pendens on it?
Usually, yes, but the claim behind it has to be settled, paid or cancelled for the buyer to get clear title. The closing attorney handles that.
Does a lis pendens mean I am being foreclosed on?
Not always. It can come from a foreclosure, but also from a lien, an ownership dispute or a housing code case. The notice says what kind of case it is.
Where can I see the notice?
It is filed with the Clerk of Superior Court in the county where the property sits. Your attorney can pull it.
Can I refinance with a lis pendens on my property?
Most lenders will not lend until the notice is cancelled or the claim is resolved.
How long does a lis pendens last?
Generally until the lawsuit ends and the notice is cancelled, though it can become void early if the case is not pursued properly.
Can a city or county file a lis pendens?
Yes. North Carolina allows cities and counties to file one with certain building and housing code cases.
Related pages: Stop Foreclosure in North Carolina · Inherited and Probate Property · Sell a Vacant Property
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ENC Home Solutions is not a law firm, and this page is general information, not legal, tax or financial advice. Laws and local procedures change, and every situation is different, so we recommend talking with a North Carolina attorney before you act.
Written by Rachael T., Owner, ENC Home Solutions. Last updated October 27, 2026.