Latest Facts and News
- As of January 2025, the number of properties facing legal claims due to unpaid debts has increased. Lenders took action on 20,994 properties, an 8% rise from the previous month.
- 98% of the property owners redeem their tax before lien foreclosure.
- New legislation in several states aims to simplify the lien removal process.
- $22 billion tax lien was unpaid in the United States last year.
Finding out there’s a lien on your property can be frustrating, especially if you’re planning to sell, refinance, or transfer ownership. Whether it’s from unpaid taxes, contractor disputes, or court judgments, a lien puts a legal hold on your property until the debt is settled.
If you’re dealing with a lien, you likely have one main concern: how to remove it as quickly as possible. The process can vary depending on the type of lien and the steps required for resolution.
This blog post will explain liens on property search, what they mean for your property, and how to remove them so you can confidently proceed.
Understanding Property Liens
A property lien is a legal claim on a property due to unpaid debts. Simply put, if the owner fails to pay any company or government authority, they have the legal right to place a lien on the property. |
These liens result in property encumbrances, which can lower the property’s value and complicate resale. Before purchasing or refinancing a property, buyers and lenders often conduct lien searches to identify any outstanding claims that could impact the transaction.
Since not all liens function similarly, they can be classified based on what they apply to and how they are placed. Understanding these distinctions helps clarify how different debts affect property ownership.
General and Specific Liens
- General Liens: This can be applied to any property the debater owns.
- Specific Liens: this applies to the particular asset. The home mortgage loan will apply to homes only.
Voluntary Liens and Involuntary Liens
These two categories are different in the following way:
- Voluntary Lien: The owner accepts it willingly, like a mortgage lien.
- Involuntary Lien: The owner is forced to accept a tax lien, for example.
Common Types of Property Liens
Different types of property linen depend on the kind of debt and the complaint. Here is a complete breakdown of all the lien types:
- Mortgage Lien: A legal claim placed by a lender as collateral for a loan used to purchase the property. If the borrower defaults, the lender can seize the property to recover the debt.
- Estate Lien: A lien placed on the assets of a deceased person’s estate to pay off outstanding debts or taxes before the estate is distributed to heirs.
- Judgment Lien: A legal claim against a debtor’s property resulting from a court judgment in favor of a creditor. The creditor can seize or sell the property to satisfy the judgment debt.
- Attachment Lien: A lien levied on a property during litigation to prevent its transfer or sale until the legal matter settles. It is usually temporary and preserves the status quo.
- Corporate Franchise Lien: Placed by a state or local government for unpaid corporate franchise taxes. The lien restricts business operations until the debt is cleared.
- Mechanic’s Lien: A claim filed by contractors, subcontractors, or suppliers who have not been paid for work or materials provided. This lien can force the sale of the property to recover the unpaid amount.
- Bail Bond Lien: A lien placed on a defendant’s property to secure a bail bond. The lien guarantees the bond amount is covered if the defendant fails to appear in court.
- Municipal Utility Lien: Imposed by local governments on a property for unpaid utility services such as water, sewer, or electricity. Continued non-payment can lead to foreclosure.
- Vendor’s Lien: A seller holds a lien on a property until the buyer completes the payment. It is security for the full payment for the goods or services provided.
- Vendee’s Lien: A legal claim by a buyer against a seller for failing to deliver the agreed-upon property or goods. This lien ensures the buyer can recover any payments made under the contract.
To better understand how these liens are categorized, the table below outlines the classification of each lien type based on its scope and how it is imposed.
Lien Type | General/ Specific | Voluntary/ Involuntary |
Mortgage Lien | General | Voluntary |
Estate Lien | General | Involuntary |
Judgment Lien | General | Voluntary |
Attachment Lien | Specific & General | Involuntary |
Corporate Franchise Lien | General | Involuntary |
Mechanics Lien | Specific | Involuntary |
Bail Bond Lien | Specific | Involuntary |
Municipal Utility Lien | Specific | Involuntary |
Vendor Lien | Specific | Involuntary |
Vendee’s Lien | Specific | Involuntary |
Also Read → Ultimate Guide: Removing and Avoiding Tax Liens on Your Property
How to Conduct a Liens on Property Search?
Before purchasing a property, checking for any existing liens is wise. A lien search reveals unpaid debts associated with the property, preventing unexpected financial burdens that could affect ownership rights and future transactions.
Below is a step-by-step guide to efficiently conducting liens on property searches.
Step-by-Step Guide to Conducting a Liens on Property Search
1. Gather Property Information
- Collect essential details like the property’s block number, subdivision, deed book, and parcel number.
- Verify the current owner’s name to avoid errors in search results.
2. Check the County Recorder or Clerk’s Office
- Visit the local county recorder’s office (online or in person) to search for recorded liens.
- Look for property transactions, sales history, and collateralization details.
3. Use Online Lien Search Tools
- Many government and third-party databases provide lien search services.
- Some offer free access, while others require paid subscriptions for detailed reports.
4. Verify with the Tax Assessor’s Office
- Check the local tax assessor’s database for unpaid property taxes or tax liens.
- Unpaid taxes could lead to foreclosure, making this step essential.
5. Search Court Records for Judgment Liens
- Some liens, like judgment liens, may not appear in property records but can be found in civil court records.
- Visit the local court clerk’s office or check online databases for lawsuits or legal claims against the property owner.
6. Consult a Title Company
- Title companies conduct comprehensive lien searches using their extensive databases.
- Before finalizing a property deal, they help verify existing liens, encumbrances, or claims.
7. Check with the Homeowner’s Association (HOA)
- If the property belongs to an HOA, unpaid dues may result in an HOA lien.
- Contact the HOA directly to confirm any outstanding obligations.
If dealing with commercial properties or legal disputes, our attorney can help review records and ensure a clear title before purchase. Contact us today.
Online Resources for Lien Searches
There are multiple online platforms available for conducting a property lien search. Below are some reputable options:
- County Recorder’s Website: Most county offices provide free access to public property records. Check the official government website of the county where the property is located.
- IRS Lien Search: If a federal tax lien exists, it will be recorded with the IRS. This site provides information on tax lien filings.
- PropertyShark: A paid service that provides in-depth property reports, including lien details.
- NETR Online: Offers links to public record databases across the United States.
- PACER (Public Access to Court Electronic Records): Useful for checking federal and state court records for judgment liens.
Working with Title Companies
Title companies play an important role in thoroughly conducting liens on property searches. They examine property records to ensure clear ownership and identify legal encumbrances.
Here’s how they help:
- Comprehensive Title Search: Title companies conduct in-depth searches, including county records, tax assessments, and legal filings, to detect any outstanding liens on a property.
- Title Insurance Protection: The companies offer title insurance, which protects against unforeseen liens or title defects missed during the initial search.
- Lien Resolution Assistance: If a creditor discovers a lien and claims it on property, a title company can assist the buyer or seller in resolving the issue. Ideal solutions could include negotiating payoffs, securing lien releases, or addressing disputes.
- Professional Expertise: Title professionals are well-versed in real estate liens laws and have access to resources that may not be readily available to the public.
The expertise of professional buyers and investors guarantees that they make wise choices, mitigate risks, and avoid costly legal disputes related to liens.
The Impact of Liens on Property Sales
Since liens represent an encumbrance on the title, they can impact your property sales differently. Here are some ways liens affect property sales:
- Complications in Closing the Sale: Buyers typically require a clean title before finalizing a purchase. If a lien is discovered during the title search, the sale may be delayed until resolved.
- Limited Buyer Interest: Buyers may hesitate to purchase a property with an existing lien due to the legal and financial complexities involved. Even if they are willing, lenders often refuse to finance such properties.
- Lower Selling Price: Properties with liens may attract lower offers as buyers anticipate additional costs or legal work to clear the title.
- Title Insurance Issues: Title insurance companies may refuse to cover properties with unresolved liens, making it more difficult for buyers to secure financing.
How to Get a Lien Off Your House: Step-by-Step Guide
You bought a house with a lien; do not panic. Start working on how to get a lien off your house immediately.
Below is our step-by-step guide on how to proceed with the lien release process.
Steps | What to Do | How to Do |
1 | Identify the Type of Lien | Check the county office to understand the type of lien. |
2 | Verify the lien’s Validity | Review the court record to check the validity. In rare cases, there could be data errors, or the lien may have already been satisfied. |
3 | Negotiate with the Lienholder | Discuss payment options with the lienholder. Some creditors may accept a settlement for less than the total owed. |
4 | Request a Lien Release | Once paid, request a lien release document from the lien holder. |
5 | File the Lien Release with the County Recorder | Submit the lien release document to the local county office to officially remove it from public records. |
6 | Confirm Removal from Property Records | Double-check county records to ensure the lien has been removed and request a title update if necessary. |
What to Consider While Negotiating with the Lienholder?
Negotiating a lien settlement can help reduce the amount owed and expedite removal. Keep these key factors in mind:
- Verify Lien Details: Obtain a copy of the lien record to confirm the amount, creditor, and filing date. Ensure the lien is valid and accurate before negotiating.
- Assess Your Payment Options:
- Lump-Sum Settlement: Some lienholders accept a reduced one-time payment.
- Installment Plan: Request a structured payment plan if needed.
- Partial Release: If selling, the lienholder may agree to release part of the lien from the sale proceeds.
- Negotiate for Reductions: To lower the total amount, request a waiver of penalties or interest. If the debt is disputed or expired, request a lien reduction or removal.
- Get Written Agreement & Lien Release: Ensure all negotiated terms are documented and signed. Confirm the lienholder files a release with the county once payment is made.
A well-negotiated settlement removes financial burdens and ensures a smooth property transaction or refinancing process.
Preventing Future Liens on Your Property
- Pay Property Taxes on Time
- Stay Current on Mortgage and HOA Fees
- Verify Contractor Credentials Before Hiring
- Monitor Property Records
- Use Legal Protections (title insurance)
Take the Right Steps Toward a Lien-Free Property
With Peter Salinger →
Conducting liens on property search ensures a debt-free property purchase. Consulting a professional before making decisions can help avoid legal and financial complications. However, if you’ve already been dealing with a property lien, Peter Salinger can help.
He clarifies legal options and assists in the reduction/elimination of house liens using a streamlined tax lien resolution process. From lien searches to resolution, his expertise guarantees a smooth process.
Peter Salinger has helped several clients in Lien with property searches and getting it off. Here is what the client says:
“Peter always explained everything to me carefully and answered any questions I had, anytime I had them. People think that they understand how the IRS works, but they don’t. It takes a person that was on the Frontline to truly navigate a complicated system. He went through my finances with me so that we could determine a good way to approach my IRS debt. He worked quickly and set up an installment plan to save me from another sleepless night. I highly recommend Peter. He is an individual that is not just an expert in his field, he cares about each of his clients and wants the best for them.”
FAQs
Can a property lien expire?
Yes, most liens have a statute of limitations, which varies by state and lien type. However, some liens, like tax liens, may be renewed or enforced indefinitely until resolved.
How long does it take to remove a lien from a house?
The timeline depends on the lien type and resolution method. Negotiated settlements or payments may take a few weeks, while legal disputes or court-ordered removals can take months.
With 30+ years of experience, Peter Salinger helps clients streamline the process, often reducing the time required.
Are there any liens that can't be removed from a property?
Certain liens, such as tax liens and child support liens, are difficult to remove without full payment. Bankruptcy may eliminate some liens, but others remain enforceable.
Can I sell my house if it has a lien on it?
Yes, but the lien must be settled before or at closing. Buyers and lenders typically require a clear title, so the lien amount is often deducted from the sale proceeds.
What's the difference between a voluntary and involuntary lien?
A voluntary lien, like a mortgage, is agreed upon by the property owner, while an involuntary lien, such as a tax lien or judgment lien, is placed without consent due to unpaid debts.