What Happens If There Is a Lien on Your Property?

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A lien is a creditor’s legal right or claim to your property. The purpose of a lien is to hold a property item — it doesn’t have to be a house — as collateral for a loan or debt.
If you don’t pay off the debt to remove the lien, the creditor has a right to seize the property.
Types of Liens
There are four main types of liens that can be placed on your home:
- Mortgage lien. This is a voluntary lien that you agree to when you take out a mortgage to buy or refinance your home. Your lender has a right to the property if you fail to pay your mortgage, and the lien is released after you pay the full amount.
- Tax lien. The federal or state government can place a tax lien on your home when you don’t pay your taxes. This lien takes priority over any other type, and the government will seize your property if you don’t pay the debt.
- Mechanics lien. Mechanics liens don’t just apply to mechanics, but any contractor who works on your property. If you don’t meet the terms of your contract, the contractor can place a lien on your home.
- Judgment line. This lien is placed on your property if you lose a lawsuit and can’t pay the settlement. Judgment liens can be placed on anything you own, including a home, vehicle or furniture.
Voluntary vs. Involuntary Lien
While mortgage liens are voluntary and you probably know if you have one, the other three types of liens are involuntary. They can be placed on your property with or without your consent.
Secured vs. Unsecured Lien
A secured lien is tied to a specific asset, like your house. An unsecured lien isn’t. Your credit card debt or a personal loan are examples of unsecured lien.
How Liens Affect Property Ownership
If you have a lien on your property, you’ll want to know as soon as possible. It can impact your credit score, keep you from selling your home and eventually result in the seizure of your property if you don’t pay your debt.
Liens don’t show up on your credit report, but the underlying cause — unpaid debt — will tank your credit score. Liens can also appear in your public records, which might discourage future lenders from granting your loan. On top of that, a lien means you can’t sell your property without the lienholder’s consent. Even if you do have consent, a lien on your property might dissuade future buyers.
How Liens Are Enforced
Liens are enforced differently based on what type they are.Â
How Tax Liens Are Enforced
If you don’t pay your taxes, the IRS can seize your property (known as a levy) and then sell it to pay off your tax bill.
How Other Liens Are Enforced
The rest of the liens are handled similarly. If you can’t pay a bill, the person you owe money to can go to court. If the court approves the creditor, the creditor can seize your property to pay back your debts.
How Do You Remove a Lien From Your Property?
If you find a lien on your property that you didn’t know about, don’t panic. It might be a paid-off lien that the lienholder hasn’t removed yet. If the lien is the result of an unpaid debt, you might be able to negotiate the debt or set up a payment plan to have the lien cleared.Â
Here are a few steps to follow if you find a lien on your property:
- Determine the type of lien. Remember that if you have an active mortgage, you have a voluntary lien which won’t prevent you from selling your home.
- Pay off debt. Set up a payment plan or negotiate a settlement to get your debt paid off faster. Once the debt is paid, contact your creditor to remove the lien.
- Contact the lienholder. If your lien has been paid, contact the lienholder to make sure they clear it from your property’s public record.
- Get legal support. If you need to dispute a lien on your property, get in touch with a legal expert.
FAQ
- Can a lien affect my credit score?
- If you have a lien because you’re not paying off your debt, it will eventually affect your credit score.
- How long does a lien last?
- The lien lasts until you pay back the debt you owe.
- Can a lien be removed if I pay it off?
- Yes, but you should contact the lienholder to make sure it’s removed from your record.
- How do I check if a lien is on my property?
- Search through U.S. Title Records or contact your county to check for liens.
- What should I do if I disagree with a lien?
- If you think a lien has incorrectly been placed on yo
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- LII / Legal Information Institute. "Lien."
- LII / Legal Information Institute. "Title Company."