How To Find Out If There Is A Lien On Your Property

Quick answer

• To find out if there’s a lien on your property, start by checking your county recorder’s office or assessor’s office.
• You can often access property records online through your local government’s website.
• Review your property deed and title insurance policy for any recorded liens.
• Consider a professional title search if you’re buying or refinancing property.
• Be aware that different types of liens exist, from mortgages to tax liens.
• If you discover a lien, understand its details before taking action.

Who this is for

• Homeowners who want to understand their property’s legal standing.
• Prospective homebuyers or investors conducting due diligence before a purchase.
• Individuals who have received a notice or believe a lien might exist on their property.

What to check first (before you act)

Goal and timeline

Before diving into property records, clarify why you need to know about liens. Are you planning to sell your home soon? Are you refinancing and facing unexpected issues? Or did you receive a notice that raised concerns? Your goal will determine the urgency and the depth of your search. For instance, selling a property typically requires a clear title, meaning all liens must be addressed.

Current cash flow

Understanding your current financial situation is crucial. If a lien exists and needs to be paid off, you’ll need to know if you have the funds available or if you need to make payment arrangements. Assess your income, expenses, and savings to gauge your capacity to handle any potential financial obligations arising from a lien.

Emergency fund or safety buffer

A healthy emergency fund is your first line of defense against unexpected financial demands. If a lien requires immediate payment, your emergency fund can prevent you from taking on high-interest debt or selling assets at a loss. Ensure your buffer is adequate to cover potential lien resolutions without jeopardizing your daily living expenses.

Debt and interest rates

List all your current debts, noting the outstanding balance and the interest rate for each. This provides a clear picture of your financial obligations. If a lien is discovered, compare its interest rate to your existing debts. This helps in prioritizing which obligations to address first, especially if you have the option to pay off multiple debts.

Credit impact

Liens can affect your credit score, particularly if they are related to unpaid debts or judgments. A lien can signal to lenders that you have financial difficulties, making it harder to secure future loans or credit. Knowing the potential credit impact helps you understand the broader consequences of a lien.

Step-by-step (simple workflow)

1. Identify your local government’s recording office.

• What to do: Determine which government office in your county or city is responsible for maintaining property records. This is typically the County Recorder, Register of Deeds, or County Clerk’s office.
• What “good” looks like: You’ve found the correct office and understand its role in recording property-related documents.
• Common mistake and how to avoid it: Assuming the assessor’s office handles lien filings. While the assessor values property, the recorder’s office officially records encumbrances like liens. Always confirm the correct office for official recordings.

2. Visit the office or its website.

• What to do: Go in person or navigate to the official website of the identified recording office. Many counties now offer online portals for searching property records.
• What “good” looks like: You are able to access the public records system, either physically or digitally.
• Common mistake and how to avoid it: Relying on third-party real estate websites. These sites may not have the most up-to-date or complete information. Always use the official county or city government source.

3. Gather necessary property information.

• What to do: Have your property’s full address, parcel number (APN), and the names of current and previous owners readily available.
• What “good” looks like: You have all the key identifiers to search for your specific property effectively.
• Common mistake and how to avoid it: Using only the property address. A parcel number is often a more precise identifier and can help distinguish properties with similar addresses.

4. Conduct a property record search.

• What to do: Use the search tools provided by the recording office to look for documents associated with your property. Search for terms like “lien,” “mortgage,” “judgment,” “tax lien,” “mechanic’s lien,” and “notice of default.”
• What “good” looks like: You have reviewed all relevant documents filed against your property.
• Common mistake and how to avoid it: Searching only for the word “lien.” You might miss other types of encumbrances that function similarly, like deeds of trust or judgments. Broaden your search terms.

5. Review the deed and title history.

• What to do: Examine your property deed for any mention of existing encumbrances. Also, look for a title report or title abstract if available, which summarizes the property’s ownership history and any recorded claims.
• What “good” looks like: You have a clear understanding of the property’s chain of title and any existing liens recorded against it.
• Common mistake and how to avoid it: Overlooking older documents. Liens can remain on record even if the underlying debt is disputed or paid, so a thorough review of the entire history is important.

6. Check for specific lien types.

• What to do: Beyond general searches, specifically look for common lien types: mortgage liens, property tax liens (from your local taxing authority), federal or state tax liens (from the IRS or state revenue departments), and mechanic’s liens (filed by contractors for unpaid work).
• What “good” looks like: You’ve investigated all the most common categories of liens that could affect your property.
• Common mistake and how to avoid it: Only looking for a mortgage lien. Tax liens and judgment liens can be just as significant and may be filed by different government agencies.

7. Consult your title insurance policy.

• What to do: If you purchased your property recently, review your title insurance policy. It typically lists any liens or encumbrances that were found at the time of purchase.
• What “good” looks like: You have identified any liens that were present when you acquired the property.
• Common mistake and how to avoid it: Assuming your title insurance covers everything indefinitely. It generally covers issues that existed before you bought the property. New liens arising after purchase are not covered.

8. Consider a professional title search.

• What to do: If you are buying, selling, or refinancing, or if your search yields confusing results, hire a title company or real estate attorney to perform a comprehensive title search.
• What “good” looks like: A professional has thoroughly investigated your property’s title, providing a clear report.
• Common mistake and how to avoid it: Skimping on professional help for complex transactions. A professional can uncover hidden issues that a DIY search might miss, saving you significant problems later.

9. Understand any discovered liens.

• What to do: If you find a lien, obtain a copy of the document and read it carefully. Note the lienholder, the amount claimed, the date it was filed, and any reference numbers.
• What “good” looks like: You have a complete understanding of the lien’s details and its legal implications.
• Common mistake and how to avoid it: Ignoring a lien because you don’t understand it. Every lien has legal consequences and needs to be addressed appropriately.

10. Seek professional advice if needed.

• What to do: If you find a lien that is incorrect, disputed, or if you’re unsure how to proceed, consult with a real estate attorney or a financial advisor.
• What “good” looks like: You have a clear plan of action based on expert guidance.
• Common mistake and how to avoid it: Attempting to resolve complex lien issues on your own without legal or financial expertise. This can lead to costly errors.

Common mistakes (and what happens if you ignore them)

| Mistake | What it causes | Fix