Step-by-Step Guide

How Do I Find Liens on a Property?

A lien is a legal claim against a property that must be satisfied before it can be sold. Common types include mechanic's liens, tax liens, judgment liens, and HOA liens. You can find them by searching county recorder records, court records, or using a property intelligence platform. Liens follow the property, not the owner, which means if you buy a property with an outstanding lien, it becomes your problem. Checking for liens before you buy is one of the most critical steps in property research.

Types of Property Liens

Understanding the most common liens you may encounter

Mechanic's Lien

Common

Filed by contractors, subcontractors, or suppliers who performed work on the property but were not paid. These liens attach directly to the property and must be resolved before sale. In some states, mechanic's liens can be filed even if the owner already paid the general contractor.

Tax Lien

Serious

Placed by a government agency when property taxes, income taxes, or other taxes go unpaid. Tax liens take priority over most other liens and can eventually lead to a tax foreclosure sale. Federal tax liens follow the property regardless of ownership changes.

Judgment Lien

Common

Results from a court judgment against the property owner. Once recorded in the county where the property is located, the judgment lien attaches to all real property the debtor owns in that county. Judgment liens typically last 5 to 10 years and can often be renewed.

HOA Lien

Common

Filed by a homeowners association for unpaid dues, special assessments, or fines. In many states, HOA liens have super-priority status, meaning they must be paid before most other liens (sometimes even before the first mortgage) up to a statutory amount.

Mortgage Lien

Standard

The voluntary lien created when a borrower takes out a mortgage to purchase the property. First mortgages have priority over later-recorded liens. Second mortgages and home equity lines of credit (HELOCs) are subordinate to the first mortgage.

Where Liens Are Recorded

Liens are filed in different government offices depending on the type

County Recorder's Office

The primary location where mechanic's liens, tax liens, mortgage liens, and most judgment liens are recorded. This is the first place to search.

Court Clerk's Office

Where judgment liens originate. Search the civil court records for judgments against the property owner in the county where the property is located.

Tax Collector's Office

Property tax liens and delinquency records are maintained by the county tax collector. Many provide online lookup tools.

State Tax Authority

State income tax liens and state-level business tax liens are filed with the state's department of revenue or taxation. Federal tax liens are filed with the county but can also be searched through IRS records.

How to Search for Liens

Follow these steps to conduct a thorough lien search

1

Identify the County

Determine which county the property is in. This determines which recorder's office, court clerk, and tax collector you need to search. The property address resolves to a specific county.

2

Search the County Recorder's Online Portal

Most county recorders have online search tools. Search by the property owner's name and the parcel number. Look for documents labeled 'Lien,' 'Notice of Lien,' 'Lis Pendens,' or 'Judgment.'

3

Review Court Records for Judgments

Search the civil court docket for the county. Look for judgments against the current and recent prior owners. Even if a judgment lien has not been recorded in the county recorder's office, a court judgment may still exist.

4

Check Tax Records

Verify with the county tax collector that property taxes are current. Also check with the state tax authority for any state tax liens. Federal tax liens will appear in the county recorder records.

5

Review Each Document Carefully

For every lien found, note the lienholder, the amount, the date filed, and whether a release or satisfaction has been recorded. Unreleased liens are the ones that matter most.

What to Do If You Find a Lien

Three options for handling discovered liens before closing

Negotiate with the Seller

Request that the seller satisfy the lien from the proceeds of the sale at closing. Most purchase agreements include a requirement for the seller to deliver clear title, which means resolving all outstanding liens.

Require Payoff at Closing

The title company or escrow agent can pay off recorded liens directly from the seller's proceeds before disbursing funds. This is the standard procedure for mortgage payoffs and is often used for other liens as well.

Walk Away from the Deal

If the lien is too large, contested, or the seller cannot or will not resolve it, your best option may be to terminate the contract. This is especially true for large tax liens or multiple mechanic's liens that suggest systemic non-payment.

How BehindTheDeed Surfaces Liens

Automated lien detection saves hours of manual research

1

Enter the property address

BehindTheDeed identifies the county, parcel, and current owner automatically.

2

We search county recorder records

Our system queries official county databases for all recorded liens, mortgages, judgments, and other encumbrances.

3

Liens are categorized and prioritized

Each lien is classified by type (mechanic's, tax, judgment, HOA) and flagged if it appears unreleased or unresolved.

4

Get your complete lien report

Download a structured report showing all liens, amounts, filing dates, and release status. Share it with your attorney or agent.

Frequently Asked Questions

Do liens transfer to the new owner when you buy a property?

Yes, liens recorded against the property stay with the property regardless of who owns it. If you buy a property with an outstanding lien, the lien remains attached and the lienholder can pursue foreclosure or collection against the property. This is why checking for liens before buying is critical. Title insurance protects against undiscovered liens that existed before your purchase.

How long does a lien stay on a property?

The duration depends on the type of lien and state law. Mechanic's liens typically expire after 1-2 years if not enforced. Judgment liens usually last 5-10 years and can often be renewed. Tax liens can remain indefinitely until paid or the property is sold at a tax sale. Federal tax liens expire after 10 years but can be refiled.

Can I buy a property that has a lien on it?

Yes, but it is risky. The lien must be satisfied before or at closing to ensure you receive clear title. Most lenders will not approve a mortgage on a property with outstanding liens. If you are paying cash, you can choose to accept the lien, but you would then be responsible for resolving it. Always consult a real estate attorney before purchasing a property with known liens.

Check for Liens Before You Buy

Enter any U.S. property address and get a complete lien analysis showing mechanic's liens, tax liens, judgments, and HOA claims in minutes.

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