how to find a lien on property

3 min read 07-02-2025

A lien is a legal right granted to a creditor to seize and sell a debtor's property if the debtor fails to fulfill their payment obligations. Understanding how to find a lien on a property is crucial for both buyers and sellers. This guide outlines several methods for uncovering liens, which could significantly impact a real estate transaction.

Understanding Different Types of Liens

Before diving into how to find liens, it's important to understand the different types that can exist against a property:

Tax Liens: These arise from unpaid property taxes. They are typically a top priority lien, meaning they get paid first in a foreclosure.
Mechanic's Liens: Contractors, subcontractors, and material suppliers can file these if they haven't been paid for work performed or materials supplied on the property.
Judgment Liens: These are filed against a property owner after a court judgment. They can arise from unpaid debts, lawsuits, or other legal actions.
Mortgage Liens: These are the most common type, securing a loan used to purchase or refinance the property. They're public record, but you need to check to see the status of the loan.
Federal Tax Liens: The IRS can place a lien on property for unpaid federal taxes.

How to Find Liens on a Property: A Step-by-Step Guide

Several resources provide access to public records regarding property liens. Here's how to use them effectively:

1. County Recorder's Office (Most Reliable Method)

This is the most comprehensive and reliable method. Each county maintains its own records.

Locate your county's recorder's office: Search online for "[your county] recorder's office."
Check their online resources: Many offices have online databases allowing you to search for property records using the property address or parcel ID number. This often requires a small fee.
Visit in person: If you cannot find the information online, or prefer a more hands-on approach, you can visit the office directly. Bring the property address or parcel ID. Be prepared for potential wait times and fees.

2. Third-Party Websites

Several commercial websites provide access to property records, often for a fee. These can be convenient but may not be as comprehensive as the county recorder's office. Always verify information found on these sites with the county records. Examples include:

PropertyShark: Offers comprehensive property data, including liens.
Zillow: Provides some lien information, but its accuracy may vary.

3. Title Companies

Title companies are involved in real estate transactions. They perform a title search, which is a comprehensive examination of property records to identify any liens or other issues affecting the title. This is usually paid for as part of the closing costs in a real estate sale.

4. Using the Property's Parcel ID Number

The parcel ID number is a unique identifier for a specific piece of land. Using this number often simplifies your search on county websites and databases. You can usually find the parcel ID number on the property tax statement or by searching on the county assessor's website.

What to Look For in a Lien Search

When reviewing the results of your lien search, pay close attention to:

Type of lien: Identify the type of lien (tax, mechanic's, judgment, etc.).
Amount of the lien: Note the total amount owed.
Date filed: The date the lien was filed affects its priority. Older liens may take precedence over newer ones in case of foreclosure.
Status of the lien: Is it active, satisfied (paid), or released?

Protecting Yourself from Liens

Understanding liens is vital whether you're buying, selling, or simply curious about a property's history. Always conduct a thorough lien search before making significant financial decisions involving real estate. If you're buying a property, engage a title company to conduct a professional title search to ensure a clear and marketable title. For sellers, addressing outstanding liens before listing your property prevents delays and complications in the sale.

This article provides a general overview. Laws regarding liens vary by state and locality. Always consult with legal professionals for specific advice tailored to your situation.