In Diversity cases the federal court follows the Eerie Doctrine, and applies its own federal law of civil procedure, but applies the state's substantive law. If the state law requires the recording of a lis pendens, that would be required regardless of whether the foreclosure action was filed in state or federal court.

In Connecticut the interests of encumbrancers who recorded after the foreclosure action is filed are not foreclosed unless the Plaintiff recorded a lis pendens, and the Plaintiff takes title to the property subject to their liens.