Key Takeaways
- Property liens are legal claims against a home that can result from mortgages, unpaid taxes, judgments, or other debts.
- Homeowners can check for liens by searching county records or ordering a professional title search.
- A lien can create complications when selling or refinancing, so identifying one early can provide more time to resolve it.
- Homeowners should confirm that a lien is accurate and keep documentation showing when a legitimate lien has been satisfied.
Discovering a property lien can be an unwelcome surprise, especially if you’re preparing to sell or refinance your home. If you’re wondering how to find liens on a property, there are several ways to search public records and determine whether a lien on a house could affect your plans. Taking the time to check for liens on a property can help you uncover potential issues early and give you more time to address them before they become a problem.
What Is a Property Lien?
A property lien is a legal claim against a property that gives a creditor or another party an interest in the property when a debt hasn’t been satisfied. Some liens are voluntary. Your mortgage, for example, is a type of lien because your home serves as collateral for the loan. If you don’t repay the mortgage according to the loan terms, the lender may have the right to pursue foreclosure.
Other liens can be placed on a property because of unpaid debts or legal judgments. These are often the liens homeowners don’t realize exist until they try to sell or refinance.
Common types include:
- Mortgage liens: Created when you finance a home with a mortgage.
- Tax liens: May result from unpaid property, state, or federal taxes.
- Judgment liens: Can result from a court judgment related to an unpaid debt.
- Child support liens: May be placed on property when court-ordered support obligations aren’t paid.
- Mechanic’s liens: May arise when contractors, subcontractors, or suppliers aren’t paid for work or materials used on a property.
Because different types of liens can have different rules and priorities, homeowners should address any unexpected lien with the appropriate creditor or professional.
Why Do Liens Matter When Selling or Refinancing?
A lien doesn’t necessarily prevent you from owning your home, but it can create complications when you want to sell or refinance. When a home is sold, outstanding liens generally need to be addressed before the transaction can be completed. The amount owed may need to be paid from the proceeds of the sale, depending on the type and priority of the lien.
Refinancing can also become more complicated if another creditor has a claim against the property. The title and lien position need to be reviewed to determine how the existing debts will be handled as part of the new loan. That’s why finding a lien early can be helpful. It gives you an opportunity to understand what is owed and resolve the issue before you’re already under contract or working toward a closing.
How to Check for Liens on a Property
If you want to know how to find liens on a property, you have several options.
Search Your County’s Public Records
Property liens are generally recorded as public records, making your county recorder, clerk, or register of deeds a good place to start.
Depending on where you live, you may be able to search online using:
- Your property address
- Property owner’s name
- Parcel number
- Other property information
Some counties provide free online access to property records, while others may charge a fee for copies or more detailed records. Because record systems vary by location, check with the appropriate county office to determine how property records are accessed in your area.
Order a Title Search
A title search provides a more comprehensive review of a property’s ownership history and recorded claims. Title professionals search public records to identify potential issues that could affect ownership or a future transaction. This is a standard part of many home purchases, but homeowners can also request a title search before selling or refinancing.
A title search may uncover liens associated with the current owner as well as certain issues connected to previous ownership.
Use an Online Property Search Service
Some third-party websites allow homeowners to search property records online using an address or other identifying information.
These services can be convenient, but the information and fees vary. For anything that could affect a home sale or refinance, it’s important to verify important findings through official public records or a qualified title professional.
What Happens If You Find a Lien?
Finding a lien doesn’t necessarily mean you’re stuck. The first step is determining whether the lien is legitimate and what it relates to.
1. Confirm the Information
Review the lien carefully to determine:
- Who placed the lien
- How much is owed
- When it was recorded
- What debt it relates to
- Whether the debt has already been paid
Mistakes can happen. You may discover a lien connected to an account you’ve already resolved or information that needs to be corrected.
2. Contact the Creditor
If the lien is legitimate, contact the creditor or organization that recorded it. Depending on the circumstances, you may be able to pay the outstanding balance, establish a payment arrangement, or otherwise resolve the debt.
Once the obligation has been satisfied, make sure the appropriate lien release or satisfaction documentation is recorded.
3. Keep Documentation
Don’t assume that paying the debt automatically means the lien disappears from the property records. Keep copies of payment records, lien releases, and other documentation showing that the obligation has been resolved. Confirm that the public record has been updated when appropriate.
Can a Lien Prevent You From Selling Your Home?
A lien can complicate the sale of a home because the debt generally needs to be addressed as part of the transaction.
For example, if you owe $10,000 on a valid lien and sell your home, the lien may need to be satisfied from the sale proceeds before you can receive the remaining funds.
This is one reason title work is so important during a real estate transaction. Identifying liens early gives everyone more time to determine how they will be resolved.
Can a Lien Affect a Mortgage Refinance?
Yes, an existing lien can affect a refinance. When you refinance, the new lender will typically require a review of the property’s title and existing liens. Depending on the type of lien and the circumstances, it may need to be paid, released, or otherwise addressed before the refinance can move forward.
If you’re considering refinancing, discovering a lien early can help prevent an unexpected delay later in the process.
What If the Lien Isn’t Yours?
Sometimes homeowners discover a lien they believe is incorrect. If the lien appears to be associated with a debt you don’t recognize or have already paid, gather your documentation and contact the creditor or appropriate recording authority to determine what happened.
If you’re preparing to sell or refinance, a title professional or mortgage professional may also be able to help you understand what needs to be addressed before closing.
How Can Homeowners Avoid Surprises?
You don’t necessarily need to search your property records constantly, but it’s helpful to understand what’s attached to your home, especially before a major transaction.
Consider reviewing your property records if you’re:
- Preparing to sell your home
- Planning to refinance
- Paying off a significant debt
- Completing a major renovation
- Dealing with a contractor dispute
- Resolving tax or judgment issues
Getting ahead of potential title problems can make the selling or refinancing process much smoother.
The Bottom Line
A lien on your property can create an unexpected obstacle when you’re ready to sell or refinance, but finding one doesn’t mean the situation can’t be resolved. Checking public records, ordering a title search, and addressing legitimate debts early can help prevent last-minute surprises.
If you’re planning to sell or refinance and aren’t sure whether a lien could affect your mortgage, Loan Pronto can help you understand how the issue may impact your financing. A mortgage professional can work alongside the title professionals involved in your transaction to help identify potential roadblocks and determine what needs to happen before closing.
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