You might think you already know about any liens on a property you already own. However, the fact is they can lurk beneath your radar and pop up at the most inopportune times.
Like when you’re getting ready to sell your place, and a search of public records uncovers the lien.
This can be very bad news, resulting in delays in selling your home or, worse, throwing a wrench into the whole deal. The good news is that finding out if there are liens on your property is simple—and by finding out early, you can make sure it won’t hinder selling your home, whenever that takes place.
Here’s how to find out if there is a lien on a property—plus, how to do a property lien search by address.
What is a lien on a property?
In the most basic terms, a lien is a legal claim against your property because of an unpaid debt. When a lien is attached to your home, it gives a creditor or unpaid party the right to a portion of the home’s value if it’s sold. In most cases, you can’t sell or refinance until the lien is resolved.
There are three main types of property liens:
- Mechanic’s or contractor liens: These arise when homeowners don’t pay contractors or subcontractors for services rendered or materials provided.
- Tax liens: Tax liens are filed due to unpaid taxes, including local property tax liens and those filed by the IRS for missed federal tax payments.
- Judgment liens: Judgment liens result from court cases in which it was ruled that you owe money to the other party. They can include settlements related to child support, unpaid credit card debt, and medical bills.
Homeowners won’t always know if a lien is filed against their property, says Sacha Ferrandi, co-founder of Source Capital Funding.
“A notable exception is if you buy a newly built home, and the contractors or subcontractors were never paid for their work,” Ferrandi explains. “Contractors and subcontractors can file liens without notifying the homebuyer.”
Also, sometimes mistakes are made: There might be a lien wrongly filed against your property or a lien that remains on record for a debt you’ve already paid. Fortunately, in those cases, you can take some simple steps to clear them up with your county clerk.
How to find out if there’s a lien on a property
Liens are a matter of public record, so it’s simple to find out if there’s one on your property, or on anyone else’s property for that matter.
Search public records online
Most counties allow you to search for property records—including liens—through the county recorder, assessor, or clerk’s office. You can typically search by property address or parcel number. The search itself is usually free, but there may be a small fee to obtain official copies of documents.
Use an online search tool
Websites like PropertyShark allow you to search for property liens by address. This can be a quick and easy starting point, especially if your county doesn’t offer online access or has a clunky system.
Visit the county office in person
If online records are unavailable or incomplete, visiting the appropriate county office may be necessary. Bring the full property address, and be prepared to request a title report or lien record.
Hire a title company for a professional search
If you’re planning to buy or sell a home, a title company can conduct a comprehensive lien and title search for you. This is especially useful for high-stakes transactions, though it typically comes with a fee.
What to do if there is a lien on a property?
If you do find a lien on your property (or one you want to purchase), don’t panic. If the lien is paid off already, you may just have to contact the appropriate party with proof in the form of a lien release. But if it hasn’t been paid, you’ll need to sort this out before your home sale goes through.
“Liens can become an issue for everyone involved, particularly if the total liens on a property add up to more than the contract price,” says Klaus Gonche, a real estate agent with Re/Max in Fort Lauderdale, FL. If so, “the seller will have to bring cash to cover the difference at closing. If the seller lacks the cash available for this, the buyers will have to either help clear the lien with their own funds or walk away from the deal.”
Liens don’t have to spell disaster. By doing a property lien search early—whether you’re buying, selling, or just keeping your records clean—you can catch potential issues before they derail your plans. And if you do discover a lien, knowing what kind it is and how to resolve it will help you move forward with confidence.
Allaire Conte contributed to this report.
