Real Estate Law
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Yes, a Lis Pendens can be filed before a lawsuit is actually filed. However, it acts as a cloud on the title and so if it is filed "without a basis" then the person filing it can be sued.
Some people representing themselves file these when they are in a lawsuit and want the house to be available to have a lien placed against it after the case is over but that is not a reason for a lis pendens. A lis pendens can only be used when the land itself is the subject of the lawsuit. I think someone on here told me once that they reads on some website that a lis pendens could be used to block the sale of property when the owner was being sued for any reason but that is absolutely incorrect.
To sum up, yes, your lawyer can file a Lis Pendens in advance of filing the lawsuit so long as the property is the basis of the lawsuit.