Wisconsin Statutes

Wis. Stat. § 840.10 (2026)

Lis pendens; who may file; effect when void; discharge

✓ current as of July 2026

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840.10840.10 Lis pendens; who may file; effect when void; discharge.

840.10(1)(a)(a) In an action where relief is demanded affecting described real property which relief might confirm or change interests in the real property, after the filing of the complaint the plaintiff shall present for filing or recording in the office of the register of deeds of each county where any part thereof is situated, a lis pendens containing the names of the parties, the object of the action and a description of the land, as provided under s. 59.43 (2s) (a), in that county affected thereby. In any action if the defendant asks relief on a counterclaim or cross-complaint, which contains a legal description of the real estate and seeks such relief, after the filing of the counterclaim or cross-complaint the defendant shall present for filing or recording a lis pendens. From the time of filing or recording every purchaser or encumbrancer whose conveyance or encumbrance is not recorded or filed shall be deemed a subsequent purchaser or encumbrancer and shall be bound by the proceedings in the action to the same extent and in the same manner as if the purchaser or encumbrancer were a party thereto. In any such action in which a lis pendens has been filed or recorded, if the party who presents for filing or recording the lis pendens fails for one year after the filing or recording thereof to serve and file proof of service of the summons or the counterclaim or cross-complaint on one or more of the adverse parties, the lis pendens shall be void, and upon motion and proof the court may order it discharged. Judgment shall not be entered in favor of the party required to present for filing or recording a lis pendens until 20 days after the lis pendens has been filed or recorded.

840.10(1)(b)(b) A lis pendens that is prepared by a member of the State Bar of Wisconsin need not be authenticated.

840.10(2)(2) Proceedings for acquiring land by right of eminent domain are actions within the provisions of this section and notice of the pendency thereof may be filed at any time, except as otherwise provided by statute.

840.10(3)(3) The lis pendens may be discharged upon the condition and in the manner provided by s. 811.22 for discharging an attachment or by s. 806.19 (1) (a) for satisfying a judgment. An instrument filed before May 1, 1951, but in accordance with this subsection shall be a discharge of the lis pendens described therein.

840.10(4)(4) This section applies to all courts in this state, including United States district courts.

840.10 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (175); 1975 c. 198; Stats. 1975 s. 840.10; 1993 a. 486; 1997 a. 304; 2001 a. 103; 2025 a. 234.

840.10 AnnotationA motion to review a judgment on the grounds that the plaintiff failed to file an amended lis pendens was properly denied. Particularly as between the parties, failure to file a lis pendens is a minor irregularity. Zapuchlak v. Hucal, 82 Wis. 2d 184, 262 N.W.2d 514 (1978).

840.10 AnnotationA foreign divorce action notice filed with the register of deeds of the county in which one foreign litigant owned property was a valid lis pendens. Belleville State Bank v. Steele, 117 Wis. 2d 563, 345 N.W.2d 405 (1984).

840.10 AnnotationSections 703.25 (3) and 840.10 (1) permit the filing of a lis pendens in an action for a money judgment against a condominium association as the judgment shall be a lien against each condominium unit although their owners are not defendants in the action. Interlaken Service Corporation v. Interlaken Condominium Association, 222 Wis. 2d 299, 588 N.W.2d 262 (Ct. App. 1998), 97-1107.

840.10 AnnotationThis section permits a lis pendens to be recorded in connection with an out-of-state suit seeking title or possession of property in Wisconsin by means of a constructive trust. Ross v. Specialty Risk Consultants, Inc. 2000 WI App 258, 240 Wis. 2d 23, 621 N.W.2d 669, 00-0089.

840.10 AnnotationEven if a statutory lis pendens under this section is dissolved, common law lis pendens applies and a purchaser who is a party to the relevant litigation takes the property subject to the outcome of the litigation, including appeals. Gaugert v. Duve, 2001 WI 83, 244 Wis. 2d 691, 628 N.W.2d 861, 98-3004.

840.10 AnnotationA lis pendens under sub. (1) must be maintained as long as there are pending proceedings in an action, including appellate proceedings. Once all proceedings are concluded, the court may order the lis pendens discharged consistent with sub. (3). Zweber v. Melar Ltd., Inc. 2004 WI App 185, 276 Wis. 2d 156, 687 N.W.2d 818, 04-0538.

840.10 AnnotationThis section imposes the requirement of recording a lis pendens on the plaintiff who files a complaint and on a defendant seeking relief on a counterclaim or a cross-complaint. A defendant construction lien claimant is not a plaintiff, and no cross-claim is necessary in order for a defendant construction lien claimant to obtain a determination of the amount due it and an order for sale in a lien foreclosure action. There is no logical rationale for imposing the requirements of sub. (1) (a) on a defendant construction lien claimant because it unnecessarily files a cross-claim seeking relief it is entitled to under ss. 779.09 to 779.11. Carolina Builders Corporation v. Dietzman, 2007 WI App 201, 304 Wis. 2d 773, 739 N.W.2d 53, 06-3180.

840.10 AnnotationA lis pendens simply alerts 3rd parties to judicial proceedings involving real estate. It does not create an encumbrance on the property. Zeddun v. Griswold, 830 F.3d 683 (2016).

Notes of Decisions

Cited in 24 cases (2 in the last 5 years), 1979–2025 · leading case: Gaugert v. Duve, 2001 WI 83 (Wis. 2001).

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Gaugert v. Duve, 2001 WI 83 (Wis. 2001). · cites it 17× “Following the Gaugerts filing of an appeal but before the court of appeals issued its decision, the circuit court discharged a statutory lis pendens filed by the Gaugerts pursuant to Wis. Stat. § 840.10 (1997 — 98). 1 The Gaugerts did not obtain a stay of the order discharging…”

Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007). · cites it 16× “6 A resolution of this issue requires interpretation of the lis pendens statute, Wis. Stat. § 840.10 , and the construction lien statute, Wis.”

Zweber v. Melar Ltd., Inc., 2004 WI App 185 (Wis. Ct. App. 2004). · cites it 18× “Zweben recorded a lis pendens with the Barron County Register of Deeds pursuant to Wis. Stat. § 840.10 (1). 2 Melar counterclaimed for slander of title.”

Ross v. Specialty Risk Consultants, Inc., 2000 WI App 258 (Wis. Ct. App. 2000). · cites it 11× “change interests in the real property" within the meaning of Wis. Stat. § 840.10 . We conclude that it is.”

Belleville State Bank v. Steele, 345 N.W.2d 405 (Wis. 1984). · cites it 4× “Wendell Steele (Steele) defends the foreclosure action, asserting that his filing the “Notice of Suit” constitutes an effective lis pendens under sec. 840.10, Stats. 1981-82, and that the Belleville State Bank, a subsequent en-cumbrancer, is bound by the Illinois divorce…”

Trade Well Int'l v. United Cent. Bank, 778 F.3d 620 (7th Cir. 2015). · cites it 3× “The Register of Deeds is an elected county official; Wisconsin law provides that any plaintiff who brings “an action where relief is demanded affecting .”

Interlaken Serv. Corp. v. Interlaken Condo. Ass'n, 588 N.W.2d 262 (Wis. Ct. App. 1998). · cites it 22× “Therefore, the Service Corporation's filing of the lis pendens pursuant to § 840.10, Stats., was appropriate. The Association contends that the lis pendens was not necessary in this case because it had stated in its pleadings that the Association had "sufficient funds to satisfy…”

Briesemeister v. Lehner, 2006 WI App 140 (Wis. Ct. App. 2006). · cites it 2× “Wisconsin's lis pendens statute, Wis. Stat. § 840.10 (1)(a), requires filing notice of litigation with the register of deeds.”

Anderson v. Onsager, 455 N.W.2d 885 (Wis. 1990). · cites it 3× “On April 22, 1986, Anderson filed a lis pendens pursuant to sec. 840.10, Stats. The transaction between the Onsagers and the Grafs did not close as scheduled on April 24, 1986.”

Kensington Dev. Corp. v. Israel, 419 N.W.2d 241 (Wis. 1988). · cites it 2× “The plaintiffs title or property seems to have been regarded as somehow personified, and so defamed.”

Kordecki v. Rizzo, 317 N.W.2d 479 (Wis. 1982). · cites it 2× “Sec. 840.10, Stats. 1979-80, states that from the time of filing of the lis pendens “every purchaser whose conveyance .”

Waukesha State Bank v. Vill. of Wales, 525 N.W.2d 110 (Wis. Ct. App. 1994). · cites it 6× “See § 840.10, Stats. The Village's further requirements would undo this well-accepted tradition.”

Show all 24 citing cases →

— Wis. Stat. § 840.10(1) — 7 cases

Interlaken Serv. Corp. v. Interlaken Condo. Ass'n, 588 N.W.2d 262 (Wis. Ct. App. 1998). “Therefore, the Service Corporation's filing of the lis pendens pursuant to § 840.10, Stats., was appropriate. The Association contends that the lis pendens was not necessary in this case because it had stated in its pleadings that the Association had "sufficient funds to satisfy…”

Belleville State Bank v. Steele, 345 N.W.2d 405 (Wis. 1984). “Wendell Steele (Steele) defends the foreclosure action, asserting that his filing the “Notice of Suit” constitutes an effective lis pendens under sec. 840.10, Stats. 1981-82, and that the Belleville State Bank, a subsequent en-cumbrancer, is bound by the Illinois divorce…”

Anderson v. Onsager, 455 N.W.2d 885 (Wis. 1990). “On April 22, 1986, Anderson filed a lis pendens pursuant to sec. 840.10, Stats. The transaction between the Onsagers and the Grafs did not close as scheduled on April 24, 1986.”

Kordecki v. Rizzo, 317 N.W.2d 479 (Wis. 1982). “Sec. 840.10, Stats. 1979-80, states that from the time of filing of the lis pendens “every purchaser whose conveyance .”

Larson v. Zilz, 445 N.W.2d 699 (Wis. Ct. App. 1989).

— Wis. Stat. § 840.10(1)(a) — 2 cases

Ross v. Specialty Risk Consultants, Inc., 2000 WI App 258 (Wis. Ct. App. 2000). “change interests in the real property" within the meaning of Wis. Stat. § 840.10 . We conclude that it is.”

Peoples State Bank v. Debra K. McCarty (Wis. Ct. App. 2021).

— Wis. Stat. § 840.10(3) — 1 case

Zweber v. Melar Ltd., Inc., 2004 WI App 185 (Wis. Ct. App. 2004). “Zweben recorded a lis pendens with the Barron County Register of Deeds pursuant to Wis. Stat. § 840.10 (1). 2 Melar counterclaimed for slander of title.”

— Wis. Stat. § 840.10(l)(a) — 2 cases

Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007). “6 A resolution of this issue requires interpretation of the lis pendens statute, Wis. Stat. § 840.10 , and the construction lien statute, Wis.”

Interlaken Serv. Corp. v. Interlaken Condo. Ass'n, 588 N.W.2d 262 (Wis. Ct. App. 1998). “Therefore, the Service Corporation's filing of the lis pendens pursuant to § 840.10, Stats., was appropriate. The Association contends that the lis pendens was not necessary in this case because it had stated in its pleadings that the Association had "sufficient funds to satisfy…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.