Skip to content

 

Landmark Title Company

Property Liens and What They Mean at Closing

A lien is a legal claim against property for a debt. Most are paid off at closing out of the seller's proceeds, and the title search is how they're found.

Common liens

  • Mortgages and home equity lines
  • Property tax liens
  • Federal and state tax liens
  • Judgment liens from lawsuits
  • Mechanic's liens from unpaid contractors
  • HOA liens for unpaid dues

Selling a home with a lien

Common and usually straightforward: payoffs are ordered, paid from the proceeds at closing, and releases are recorded. If the liens exceed what the home sells for, lienholders must agree to accept less, which is a short sale.

Buying a property with a lien

Lenders and title insurance require liens to be paid or released at closing. Buying without clearing them, for example at certain auctions, means you may take the property subject to the debt.

Common questions

Can a lien be put on my house without me knowing?

Judgment and mechanic's liens can be recorded without your involvement, though you typically have notice of the underlying claim.

What is the most common lien on property?

A mortgage.

Can I do a lien search on myself?

You can search county records yourself, or order a lien search for a complete check.

Keep reading

Website & Automations built byTikondaroga.com