2-1901.Lis Pendens - Operative date of notice.

Article II. Civil Practice · Part 19. Lis Pendens · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 2-1901 explains how filing a lis pendens notice with the county recorder puts later buyers and lienholders on constructive notice of a pending real estate lawsuit, and sets a six-month deadline for serving the defendant before that notice lapses.

Full Text of 735 ILCS 5/2-1901

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Except as otherwise provided in Section 15-1503, every condemnation proceeding, proceeding to sell real estate of decedent to pay debts, or other action seeking equitable relief, affecting or involving real property shall, from the time of the filing in the office of the recorder in the county where the real estate is located, of a notice signed by any party to the action or his attorney of record or attorney in fact, on his or her behalf, setting forth the title of the action, the parties to it, the court where it was brought and a description of the real estate, be constructive notice to every person subsequently acquiring an interest in or a lien on the property affected thereby, and every such person and every person acquiring an interest or lien as above stated, not in possession of the property and whose interest or lien is not shown of record at the time of filing such notice, shall, for the purposes of this Section, be deemed a subsequent purchaser and shall be bound by the proceedings to the same extent and in the same manner as if he or she were a party thereto. If in any such action plaintiff or petitioner neglects or fails for the period of 6 months after the filing of the complaint or petition to cause notice to be given the defendant or defendants, either by service of summons or publication as required by law, then such notice shall cease to be such constructive notice until service of summons or publication as required by law is had.

This Section authorizes a notice of any of these actions concerning real property pending in any United States district court to be recorded and indexed in the same manner and in the same place as herein provided with respect to notices of such actions pending in courts of this State.

However, no such action or proceeding shall be constructive notice, either before or after service of summons or publication, as to property subject to the provisions of "An Act concerning land titles", approved May 1, 1897, as amended, until the provisions of Section 84 of that Act are complied with.

At any time during the pendency of an action or proceeding initiated after July 1, 1959, which is constructive notice, the court, upon motion, may for good cause shown, provided a finding of specific performance is not necessary for final judgment in the action or proceeding, and upon such terms and conditions, including the posting of suitable bond, if any, as it may deem equitable, authorize the making of a deed, mortgage, lease or other conveyance of any or all of the real estate affected or involved, in which event the party to whom the deed, mortgage, lease or other conveyance of the real estate is made and those claiming under him or her shall not be bound by such action or proceeding.

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Plain-English Summary

Section 2-1901 covers condemnation proceedings, actions to sell a decedent's real estate to pay debts, and other actions seeking equitable relief that affect real property. Once a party or its attorney files a notice with the recorder in the county where the property sits — naming the parties, the court, and describing the property — anyone who later acquires an interest in or a lien on that property is treated as a subsequent purchaser bound by the case, provided they weren't already in possession and their interest wasn't already on record when the notice was filed.

That constructive notice doesn't last forever without follow-through. If the plaintiff or petitioner fails, for six months after filing the complaint or petition, to serve the defendant by summons or by publication, the notice stops functioning as constructive notice until service happens. A filer can't record a notice and then sit on the case indefinitely while it clouds someone else's title search.

The section extends the same recording option to real-property actions pending in a United States district court, and it excludes property registered under the 1897 land titles act (the Torrens system) unless the separate compliance step that act requires — Section 84 of that Act — has been satisfied. For cases pending after July 1, 1959, the section also lets a court, on motion and for good cause, authorize a deed, mortgage, lease, or other conveyance of the affected property during the lawsuit, under conditions like a bond, so that the person receiving that conveyance isn't bound by the pending case.

Frequently Asked Questions

What is a lis pendens notice under Illinois law?

It's a notice a party or its attorney files with the county recorder identifying a pending lawsuit — a condemnation case, an action to sell a decedent's real estate to pay debts, or another equitable action — that affects specific real property. Filing it puts later purchasers and lienholders on constructive notice of the pending case.

When does the constructive notice from a lis pendens filing take effect?

From the moment the notice is filed in the recorder's office in the county where the real estate is located, as long as it sets out the title of the action, the parties, the court, and a description of the property.

What happens if the plaintiff doesn't serve the defendant within six months?

The notice stops being constructive notice. If the plaintiff or petitioner hasn't served the defendant by summons or publication within six months after filing, anyone acquiring an interest after that point isn't bound by the pending case until service is accomplished.

Does a lis pendens notice apply to real estate actions filed in federal court?

Yes. The section authorizes recording and indexing a notice for real-property actions pending in a United States district court the same way it's done for actions pending in Illinois courts.

Can property still be conveyed while a lis pendens notice is active?

In cases pending after July 1, 1959, a court can authorize a deed, mortgage, lease, or other conveyance during the lawsuit, on motion and for good cause, with terms the court considers equitable, including a bond. The recipient of that conveyance then isn't bound by the pending action.

Amendment History

(Source: P.A. 85-907.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

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