Are There Liens on My Property? | Find Them Before You Sell

A lien is a public-record claim tied to your home that can delay a sale or refinance until it’s paid off or released.

Liens don’t always come with drama. Your mortgage is a lien. A HELOC can be a lien. A missed tax bill, an unpaid contractor invoice, or a court judgment can also turn into a lien. The shock usually comes later—when a buyer’s title report flags something you didn’t know was still on file.

This guide walks you through what liens are, how to check your records, and what to do when you find one. You’ll get the same “paper trail” mindset title companies use, without the jargon.

What A Property Lien Does In Real Life

A lien attaches to the property’s title. It tells the world that someone claims a right to be paid from the property. When you sell, liens often get paid from the sale proceeds before you receive what’s left. When you refinance, most lenders want a clean first-position lien, so they’ll ask for older liens to be cleared or rearranged.

Some liens exist because you agreed to them. A mortgage is the classic case. The Consumer Financial Protection Bureau explains that a mortgage gives the lender the right to take the property if the loan isn’t repaid. CFPB mortgage definition

Other liens can be filed under state or federal law without your signature. Those are the ones that catch people off guard.

Common Ways Liens Show Up On A Home

Think in categories. Each one has its own paperwork, timeline, and clearing process.

Mortgage, HELOC, and other lender liens

If you borrowed against your home, the lender recorded a lien. If you later took a second loan against the same home, it’s often recorded as a junior lien. The CFPB describes a second mortgage (a “junior-lien”) as a loan secured by your house while another loan is already secured by the same home. CFPB junior-lien overview

Tax liens

Local property taxes are usually handled through county or city systems. Federal tax liens are different. The IRS says it files a public Notice of Federal Tax Lien to alert creditors that the government has a legal right to your property. IRS federal tax lien explanation

Mechanic’s liens from home projects

Contractors, subcontractors, and suppliers can record mechanic’s liens when they claim they weren’t paid for work or materials tied to your property. States set strict rules for notices and deadlines. A lien can still disrupt a sale even if you believe the bill is wrong, because the title report still shows it until it’s released or removed.

Judgment liens

Some creditors turn a lawsuit into a judgment, then record that judgment against real estate. The lien may show your name and the property’s legal description. If you see a judgment lien, you’ll want the underlying case details to confirm it’s tied to you and still enforceable.

Are There Liens on My Property? A Practical Record Check

You can get a reliable answer with a focused search. The goal is to find recorded documents, then confirm whether each one is still active.

Start with your closing packet

If you bought or refinanced, your closing documents list what was recorded at that time. It’s a clean baseline for owner name spelling, parcel number, and lender names.

Search county land records by name and parcel

Most counties keep a recorder or clerk database for deeds, mortgages, and liens. Use both a name search and a parcel search if available. Try the owner name with and without middle initials. Then scan for document types like lien, judgment, mortgage, deed of trust, release, satisfaction, reconveyance, or discharge.

Open any matching documents and check three things: the parties, the recording date, and the legal description. Mix-ups happen. A lien can be indexed under a similar name or attached to the wrong legal description. Either way, it can still block a transaction until the record is corrected.

Check property tax status

Many county treasurer or assessor sites show tax payment status and delinquent years. Save a tax statement PDF if the site offers one so you have a dated snapshot.

Search civil court portals for context

If you find a judgment lien or suspect an old dispute, court dockets can tell you what the judgment was for and whether a satisfaction was filed. Not every judgment automatically becomes a real estate lien, so you still need the land-record filing to confirm attachment to your home.

When a professional title search makes sense

If you’re listing soon, under contract, or rate-shopping, a professional title search can save time. Title teams use indexing methods and cross-checks that public portals don’t always match, and they’ll flag unreleased mortgages or recording defects early. Fannie Mae’s selling guide notes that title coverage must list other liens and their lien priority relative to the insured mortgage. Fannie Mae title coverage requirements

How To Tell If A Lien Is Still Active

Once you spot a lien document, don’t assume it’s still owed. Many liens stay on record long after payment because the release never got recorded.

Look for a matching release

Search the index for a later document titled release, satisfaction, reconveyance, discharge, or termination. Match the names and recording references. A release that clears a different loan with a similar lender name won’t help you.

Confirm the property description

A street address can be misleading. Public records rely on the legal description or parcel ID. If the lien’s legal description doesn’t match your deed, treat it as a problem to resolve before closing.

Lien Type	Where It Usually Appears	What Typically Clears It
Mortgage or deed of trust	County land records	Recorded release or reconveyance after payoff
HELOC / second mortgage (junior lien)	County land records	Release after payoff; or subordination for refinance
Property tax claim	Tax roll; sometimes land records	Tax payment and county-issued clearance (varies)
Federal tax lien	County filing of IRS notice	IRS release after resolution and processing
Mechanic’s lien	County land records	Payment and recorded release; or court order
Judgment lien	County land records	Satisfaction of judgment or recorded release
HOA / condo lien	County land records	Paid balance, ledger update, and lien release
Municipal lien (utilities, code fees)	City records; sometimes land records	Payment and city-issued release
UCC fixture filing (less common)	UCC records and filings	Termination statement tied to the filing

What To Do After You Find A Real Lien

Clearing a lien is mostly paperwork and timing. The biggest mistake is paying the balance and assuming the record will clean itself up.

Get payoff details in writing

Ask the lienholder for a payoff statement with a good-through date. For taxes, request the official payoff figure from the taxing authority. For judgments, ask for the current balance with interest through a specific date.

Make the release the finish line

Payment is step one. Step two is a recorded release that shows up in the index under the same owner name and parcel. Some lienholders record the release; others mail it to you. If you receive it, record it promptly and keep the stamped receipt.

Handle timing when you’re selling or refinancing

Recording can take days or weeks, based on local processing times. If you’re working toward a closing date, build a buffer. Ask the title company when it will run the final “bring-down” search so you can aim to have the release recorded before that update.

If the lien is wrong or stale

Start with the lienholder. Ask for a correction or release, and keep all communication in writing. If the lienholder won’t fix it and a closing is at risk, a licensed real estate attorney in your state can advise on court options such as a quiet title action or a motion to release a satisfied judgment, depending on local rules.

How Liens Affect Selling, Refinancing, And Estate Transfers

Liens matter most when ownership or financing changes. Here’s what tends to happen in each scenario.

Selling

A buyer’s title report lists liens as items that must be cleared before the deed can transfer with clean title. Some liens can be paid at closing. Others, like disputed mechanic’s liens or missing releases, can pause the transaction until the record is cleaned up.

Refinancing

Refinance lenders generally want first position. If you have a HELOC, you may need subordination or payoff. Unreleased older mortgages can also appear as open liens even when the loan was paid years ago.

Inheritance

Liens stay tied to the property after an owner dies. If heirs plan to sell, liens still need payoff and releases. If heirs plan to keep the home, liens can still limit refinance options and clean title transfers.

Situation	What Usually Triggers The Lien Discovery	Best Next Step
Pre-listing	Seller orders a title check	Clear old liens before photos and showings
Under contract	Buyer’s title commitment	Request payoffs fast and track releases to recording
Refinance	Lender’s title requirement	Confirm HELOC subordination or payoff early
Probate / estate	Estate attorney or heir tries to sell	Order a title search and gather lien payoff options
Home improvement dispute	Contractor files a mechanic’s lien	Review state deadlines, then negotiate or file in court
Tax debt	Tax authority filing or payoff request	Get an official payoff and confirm release processing

Habits That Cut Down On Lien Surprises

• Save releases like you save deeds. Keep payoff letters, recorded releases, and recording receipts together.
• For big projects, collect lien waivers where applicable. Ask for written proof that subs and suppliers are paid.
• Verify any “official” payment demand. Public records can attract scammers. Confirm any claim in county records or with the agency before paying.

If you do a record check once a year—especially after major work or big debt changes—you’ll spot problems while they’re still easy to fix.