2 years ago hired attorney to save our home form foreclosure. We were evicted, LIs pendens was never filed. He overlooked this.

What was the basis of your lawsuit against the bank? Was there an improper notice issue? If the attorney delayed foreclosure for two years, that sounds like he did an outstanding job for that two year period. A lis pendens can only be filed if there is an ongoing litigation and there is a ligitimate claim to title. Otherwise, filing a lis pendens can make both you and your attorney liable for slander of title. Filing a lis pendens solely to delay foreclosure without a ligitimate claim to title would be slander of title. This is probably why he did not file the lis pendens. What bothers me is that the attorney mislead you by stating he would file a lis pendens and then stringing you along. I certainly would file a claim with the California State Bar regarding this conduct. I guess I wouldn’t feel lawyerly unless I wrote a disclaimer to this answer – after all, that’s what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you’ve met online (and don’t they always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.