Your Complete Guide to Verifying Liens on Property

Before you commit to buying a home or transfer real estate to a loved one, there’s a critical step many people overlook: verifying that no legal claims exist against the property. A lien—a legal claim someone holds over your real estate—can derail transactions, prevent you from receiving full sale proceeds, or complicate inheritance plans. Understanding how to check for liens on property and what to do if you find one is essential for protecting your financial interests.

Why You Should Check for Liens Before Major Real Estate Decisions

Most homebuyers conduct a title search to ensure the property they’re purchasing doesn’t have unexpected encumbrances. If liens are discovered during closing, the process can stall or the entire deal may collapse. Similarly, if you’re planning to pass property to a family member, conducting due diligence prevents them from inheriting a complicated financial burden.

The stakes are significant. An unresolved lien means the claim holder has rights to money before you do when you sell or refinance. In severe cases, the lienholder can force a sale of your property, potentially leading to foreclosure. This makes discovering liens early in your process not just advisable—it’s critical.

Understanding Property Liens: The Basics

A property lien is fundamentally a legal claim that attaches to your real estate. Unlike a simple debt, a lien gives the creditor specific legal rights tied directly to your property. The existence of a lien can be discovered through various public records, and it remains on title until formally satisfied or removed.

Liens come in several varieties, from mortgage liens (which you knowingly take on to purchase or refinance a home) to surprise liens like tax claims or contractor claims. Understanding the distinction between different lien types is crucial because some are priority claims (paid first), while others are subordinate (paid after senior liens).

Three Primary Methods to Verify Liens Exist on Your Real Estate

Method 1: Direct Government Records Search

You can research liens directly through your county recorder’s office, county assessor, or local courthouse. This approach works best when you already know what type of lien you’re searching for. Most counties now offer online databases, though some may require in-person visits or mail requests. While this method is often inexpensive, it demands time and effort on your part—and there’s always a risk you might miss something.

Method 2: Review Your Credit Reports

Certain liens, particularly those related to child support, taxes, or judgments, may appear on your credit reports. Since credit bureaus report liens as public records, reviewing your credit reports is both free and relatively quick. This method works well for catching judgments or tax liens but may miss other lien types that don’t connect to credit reporting.

Method 3: Hire a Title Search Professional

Title search companies conduct comprehensive investigations into your property’s ownership history and any encumbrances. While this is the most expensive option, it’s also typically the most thorough and least time-consuming. You avoid the hassle of navigating government websites, making phone calls, or worrying you’ve overlooked something. A professional title search reveals not just liens but any other issues affecting your property’s title.

Nine Common Types of Liens That Can Attach to Your Property

Understanding which liens might apply to your situation helps you know what to look for:

Mortgage or Deed of Trust: If you’ve borrowed money secured by your home—whether to purchase, refinance, or access equity—a mortgage lien secures that debt. Some states call this a deed of trust.

Property Tax Lien: Your local tax authority can place a lien if you fall behind on property tax payments. This is one of the most common liens homeowners encounter.

Federal Tax Lien: The IRS places liens on property when someone has serious tax delinquency across multiple years or substantial unpaid amounts.

State Tax Lien: State governments can similarly place liens for unpaid state income taxes or other state-level obligations.

Medicaid Lien: States can place liens on the real estate of deceased individuals to recover costs of medical assistance provided during their lifetime.

Judgment Lien: Courts place these liens when someone loses a lawsuit—situations might include unpaid employee wages, breach of contract, or failure to fulfill divorce settlement obligations.

Child Support Lien: This specific type of judgment lien can be filed when other collection methods like wage garnishment or tax refund seizure prove insufficient.

Mechanic’s or Contractor’s Lien: If you don’t pay your roofer, electrician, plumber, or other contractors for work performed on your property, they can place this lien to secure payment.

HOA Lien: Homeowners association members who fail to pay dues may find their property subject to an HOA lien.

Liens are also ranked by priority—“senior,” “junior,” “first,” or “subordinate”—which determines payment order during sales or foreclosures.

Resolving Liens: Your Available Options

If you discover a lien on your property, you have several paths forward:

Pay It Off: If the lien is valid and you have funds available, paying the debt satisfies and removes the lien.

Challenge Its Validity: You can pursue court action to have a judge declare the lien invalid if you believe it was improperly filed.

Submit Proof of Payment: Sometimes liens remain on record even after satisfaction. Submitting a lien release document can clear the issue.

File a Title Insurance Claim: Owners who purchased title insurance when buying their property may file claims in covered situations to have their insurer resolve the lien problem.

Allow It to Expire: Some liens have statutes of limitations and expire if not renewed by the creditor—though don’t rely on this passively.

Understand Long-Term Consequences: Certain liens like mortgages lead to foreclosure if obligations aren’t met, while others may persist indefinitely unless you sell, refinance, or settle them at death.

The timeline for resolution varies dramatically depending on lien type and your chosen approach. Being proactive about discovering and addressing liens protects both your equity and your ability to transfer or leverage your property in the future.