What types of liens are there in California?
Mortgage lien – A mortgage is an agreement between you and a lender that allows you to borrow money to purchase or refinance a home. Gives the lender the right to take your property if you fail to repay the money you’ve borrowed (finance, gov, 2023)
Judgment lien – A judgment lien is a court ruling that gives a creditor the right to take possession of a debtor’s property if the debtor fails to fulfill their contractual obligations. This lien may be made against an individual or business and allows the creditor to access assets. Such as the debtor’s business, personal property, and real estate to satisfy the judgment. (Kagan, 2023)
Attachment lien – An attachment lien is an involuntary lien placed against the property to prevent the owner from selling the property during an ongoing legal matter.
Estate tax lien – the government’s legal claim against your property when you don’t pay your tax debt in full. Your property includes real estate, personal property, and other financial assets.
Corporate franchise tax lien – When you owe tax debt, we automatically have a statutory lien that attaches to all California real or personal property you own or have rights to. If you don’t respond to our letters, pay in full, or set a payment plan, we may record and/or file a Notice of State Tax Lien against you.
Federal tax lien – A federal tax lien comes into being when the IRS assesses a tax against you and sends you a bill that you neglect or refuse to pay. The IRS files a public document, the Notice of Federal Tax Lien, to alert creditors that the government has a legal right to your property.
Continued
Mechanic’s lien – A mechanic’s lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property.
Vendor’s lien – A vendor’s lien secures a seller’s interest in a property until the buyer completes payment, acting as a safeguard in property transactions.
Vendee’s lien – A vendee’s lien is an equitable lien created by the courts as a remedy to protect purchasers of real property when the seller cannot perform under the contract (Benson, 2014).
Bail bond lien – a type of secured bond that is used when someone pays the bail
Can you look up liens in California?
In any State, you can look up any personal liens filled, or other property records here at USTITLERECORDS.COM
U.S. Title Records provides Immediate online access to nationwide title search and lien searches for all U.S. counties. Obtain official land records and deed copies. Find mortgage, lien, release, deed, notice of default, conveyance, lis pendens, bankruptcy, and judgment records for land, commercial, and residential real estate throughout the United States, Guam, and the U.S. Virgin Islands.
The Full Property/Owner Lien Report: CLICK TO PURCHASE
This report/search provides a comprehensive background synopsis for the subject property and current property owner, including any recorded voluntary and involuntary liens, mortgages, lis pendens, and encumbrances that have been recorded against the property and against the current property owner (which may also affect the property even if not specifically recorded against the property). The report includes a minimum 10 – 30-year title and transfer history (grantor/grantee) depending on the county.
The report includes the following details:
Judgment liens
Personal liens (filed against the subject property and individual)
Lis pendens
Mechanic liens
HOA liens
State and federal tax liens
Delinquent tax amounts
Bankruptcies
Court records
UCC and assignments
Mortgages history
Full Property Detail Report
Transaction history with transfers
Foreclosure activity report (if applicable)
Mortgage document recording and reference numbers
Lien, mortgage release, and deed of reconveyance detail
Individual profile report:
Legal name, nicknames & aliases
Last reported address(es) & previous addresses
Last reported phone number
Last reported employment and/or business ownership, if any
Associates/relatives/neighbors
Personal asset report (real estate and vehicles owned within the United States)
Bankruptcy Search (and filing information, if bankruptcy was filed)
Judgments
Personal liens (liens recorded against the individual that may also affect property owned by that individual but not separately recorded against the property
Criminal records
What is a lien in personal finance?
A lien is a legal claim that gives a creditor or lender the right to your property or assets, if you fail to repay a debt. If you are a homeowner with a mortgage, more than likely you will be familiar with a lien because you have one on your property, until you pay off your mortgage.
How Does a Lien Work?
When you offer money or collateral for a loan, the lender must guarantee that it can seize the property to recoup its loss if you default on your debt. Note, that a lien is a legal claim that helps creditors and lenders achieve this.
There are two main types of liens: voluntary and involuntary
Voluntary: Voluntary liens are ones that you agree to, for example when you get a mortgage or car loan. When you take out a mortgage, the lender gets the right to seize your home to collect what they are owed until the loan is completely paid back. This process is done through a mortgage lien that gets removed once that debt is paid off.
Involuntary: involuntary liens are third-party claims against your assets that you don’t consent or agree to. Involuntary liens are typically placed on your assets by a court; they give a creditor legal claim to what they’re owed and can result in foreclosure if they go unpaid. The homeowner has no control over the decision to have the lien placed.
Do liens hurt your credit?
In short, consensual liens do not adversely affect your credit as long as repayment terms are satisfied. Statutory and judgment liens hurt your credit score and report, and they impact your ability to obtain financing in the future. So in conclusion it is based on the type of lien. For example, a Mechanic’s lien is part of a statutory lien, which in turn can affect your credit if you do not pay it off.
https://www.fullmanfirm.com/2021/04/an-overview-of-judgment-liens-in-california/