How do I find personal liens recorded against an individual?
Every state within the United States has its own county recorder’s office, where personal liens, UCC filings, and judgments are recorded. This is the default location where individuals can access this type of information. However, there are downsides to visiting the county recorder website, in most cases yearly subscriptions are required to access this private information. Many counties will still require an individual to visit the records room in person. These records are also kept in national title plants and can accessed online with companies like U.S. Title Records. U.S. Title Records is an online real estate tile research company providing all types of property records. Consumers choose U.S. Title Records because of its reliability and speed. We provide unmatched processing time and top-notch customer service. Please visit our website here where you can find our most popular report – CLICK HERE to access our Full Property/owner lien report
What is the easiest way to find personal liens?
If you are a real estate attorney, work in the mortgage industry, a home buyer or seller, property records are crucial to evaluating the property’s legal status and financial condition. Knowing what is owed on the property as well as any potential encumbrances such as property liens and judgments would affect the intrinsic value. As well as the transfer of ownership of the property (cloud on title). This due diligence is crucial before looking into purchasing/acquiring a property, and most importantly before submitting earnest money before a contractual offer. This research is most beneficial to a first-time home buyer or investor looking to purchase.
What types of Liens are there?
There are many different types of Liens on properties, Forbes explains in a recent publishment that the most popular lines include the following:
- Mortgage or deed of trust. If you’ve taken out a loan secured by your home, it will have a mortgage lien. The mortgage might have been to buy your home, refinance it or access your home equity. In some states, a mortgage is called a deed of trust.
- Property tax lien. The local property tax authority will place a lien on your home if you don’t pay your property taxes.
- Federal tax lien. The IRS will place a lien on your home and other assets if you have a serious tax delinquency.
- State tax lien. If you owe money to your state government, it can place a lien on your property as well.
- Medicaid lien. The state can place a lien on a deceased’s real estate to recover the cost of medical assistance it paid on that person’s behalf.
- Judgment lien. You could end up with a judgment lien against your home for any number of reasons related to losing a lawsuit, including not paying your employees or holding on to assets you were supposed to give to your ex-spouse in the divorce.
- Child support lien. This is another form of judgment lien. It could be filed if measures such as garnishing wages or seizing tax refunds aren’t sufficient.
- Contractor’s lien. Also called a mechanic’s lien, you could end up with this type of property lien if you don’t pay your roofer, electrician, or another professional who completes work on your property.
- HOA lien. If your property is in a homeowners association and you don’t pay your dues, your HOA could place a lien against your home.
How To Check for Liens on a Property
There are a few ways to search for liens recorded against a property or your home. The best options out of the options listed below will depend on how much time, money, and information you provide. It also entails knowing what type of lien you are looking for such as a specific lien or if you want to see all recorded liens and encumbrances that are on a property.
What is the easiest way to find personal liens?
1 . Use a Title Search Company
Working with a title search company is the most expensive but often the least time-consuming and ultimately the most thorough way to check for property liens. You won’t have to visit government websites, make phone calls, pull credit reports, drive to the county recorder’s office or wonder whether you’ve missed something as a local title company will indemnify and ensure findings. You’ll also find out if anything else is encumbering or clouding the property’s title. This will also save time and money in the end. Every Title company will be priced differently as well the time to process the search/request.
2. Search Local Government Records
Your county recorder, county assessor or local courthouse can help you check for liens on a property. For a one time fee or monthly subscription, you may be able to search records online, submit a request by mail or conduct a search in person. This type of search can make sense when you know what you’re looking for and have the proper information and time to do it.
3. Check Your Credit Reports
Certain public records—including liens—can be reported to credit bureaus and appear on your credit reports. For example, a child support lien may be reportable. Reviewing your credit reports is free, and checking the public records section of each report isn’t time-consuming.
What Should You Do If There’s a Lien on Your Property?
When it comes to getting rid of a lien on your property, you typically have a few options.
Pay it off. If the lien is valid and you have the money, you can pay what you owe and extinguish the lien.
Dispute it. You may be able to go to court and get a judge to declare the lien invalid.
Prove that you paid it off. Sometimes, records don’t get updated when a lien has been satisfied. You may be able to clear things up by submitting a copy of the lien release.
File a title insurance claim. Did you purchase an owners title insurance policy when you bought your property? In covered situations, filing a claim could get your title insurer to resolve the problem.
Wait for it to expire. Some property liens have a statute of limitations, which means they can expire if you don’t pay them and the lienholder doesn’t renew them.
Hang on for dear life. Some types of liens, like mortgages, can lead to foreclosure if you don’t meet your obligations. Others may hang around indefinitely—if you don’t try to sell or refinance your home. Your estate may have to pay them when you die, however.
