You received a notice.
You still have options.
A lis pendens filing is not the end of the road — it is the beginning of a decision window. Learn what selling before foreclosure looks like, why it often makes financial sense, and how to move forward with clarity.
↓ Download the Free GuideWhat a Lis Pendens Actually Means
Most homeowners receive this notice and assume the worst. The reality is more nuanced — and more manageable — than it appears.
It is a legal notice, not a final judgment
A lis pendens (Latin: "suit pending") is recorded in public records to indicate that a lender has initiated foreclosure proceedings. It signals the start of a process — not the end of your options.
You likely still have time to act
Depending on your state, the foreclosure process can take anywhere from a few months to well over a year to complete. That window is your opportunity. How you use it determines your outcome.
The clock is running — but it hasn't expired
The most damaging thing a homeowner can do after receiving a lis pendens is nothing. The options available to you narrow with every passing week. Early action preserves the most choices.
"The homeowners who come out of this in the strongest position are almost always the ones who sought information early — before assuming there was nothing they could do."
— EXIT Realty EdgeFiling does not transfer ownership of your home
You can still sell the property after a lis pendens is filed
Many homeowners in this situation have equity they don't realize
A pre-foreclosure sale almost always results in better credit recovery than a completed foreclosure
How Your Options Narrow Over Time
The foreclosure process doesn't just cost you your home — it progressively removes the choices available to you. Understanding what each stage means is the clearest argument for acting early.
You are here. Your options are widest.
The filing has occurred but the foreclosure process has just begun. You can still sell through a standard sale, pursue a short sale, negotiate with your lender, or refinance. You retain full control of the property and the decision.
The window is narrowing. Time pressure increases.
Your lender has scheduled a foreclosure sale date. A standard sale is still possible but requires a buyer, financing, and closing to complete before that date — a tight timeline that limits your buyer pool and negotiating position.
Control transfers to the lender. Options are nearly gone.
The home is sold at public auction, typically to the highest bidder or back to the lender. Any equity above the loan balance and fees may be returned to you, but auction sales rarely maximize value. You have no input on the sale price or terms.
The process is complete. Recovery begins from zero.
If the property did not sell at auction, it becomes REO (Real Estate Owned) by the lender. The foreclosure is a matter of permanent public record. Rebuilding — including purchasing again — typically takes five to seven years from this point.
Most homeowners who receive a lis pendens are at Stage 1. That is the best possible place to be — because every option is still on the table. The guide below explains exactly what those options look like and how to evaluate them for your situation.
Three Options — and Why One Usually Wins
When facing a lis pendens, homeowners typically have three paths. Understanding the trade-offs of each is the first step toward making the right decision for your situation.
The Pre-Foreclosure Sale Process
Selling before foreclosure follows the same general steps as any sale — with an emphasis on moving efficiently within your available timeline.
Get a valuation
Understand what your home is worth today
Know what you owe
Request a payoff statement from your lender
Choose your path
Standard sale, short sale, or cash buyer
List strategically
Price and market to attract buyers quickly
Negotiate and close
Agent manages all communication including lender
Move forward
Obligation resolved, credit recovery begins
The First Step Is Knowing What Your Home Is Actually Worth
Before any other decision can be made — whether to sell, pursue a short sale, or explore another path — you need an accurate picture of your home's current market value. Our team provides a free, professional valuation with no pressure and no obligation attached.
Response within 24 hours
We understand time is a factor. You will hear from us the same business day in most cases.
Completely confidential
Your situation stays private. We do not share your information and there is no public record of this conversation.
No obligation whatsoever
A valuation is information, not a commitment. You are under no obligation to list, sell, or work with us in any capacity.
Or call us directly at (631) 730-5100 — we're happy to talk through your situation first.
The Complete Guide to Selling Before Foreclosure
A straightforward, jargon-free guide written for homeowners — not attorneys. Download it, read it privately, and use it to make the most informed decision possible about your home.
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