lien is a claim that someone holds on a specific business or home. There are two kinds of liens and they are: Consensual and non-consensual.
In the case of a consensual lien, the individual with the lien - such as a donor - can repossess or impound the property, subject to the lien if payments on an associated loan do not exist if other agreed-upon terms do not reach an agreement. Such as a payment agreement for a car loan.
You can obtain a non-consensual lien through a court process to claim an asset for unpaid bills/debts. These include tax liens, or contractor's or mechanic's liens. A tax lien is a lien placed against the property by a federal, state or local government for non-payment of taxes. A contractor's or mechanic's liens may get chosen by a contractor or supplier for non-payment of supplies/goods or services.
A judgment is a court order that is the final decision in a lawsuit (although it may be subject to an appeal). If a review occurs, the party who obtained the judgment has vital tools to collect the debt, including against property and wages.
Our Liens & Judgments search outcomes vary depending on the state. They may incorporate Debtor Name and Address, Creditor Name, Case Number, Filing Date, Amount, Book/Page, Filing Type, Release Date, Original Case Number, and Serial/Cert. Number.
What is a lien?
In short, liens are "any official claim or charge against property or funds for payment of the debt of a debt or services rendered." In conventional terms, liens are the reports drawn up by a person who insists that another person (such as a client) couldn't provide to pay the full expense for possession or a service. In essence, liens are a claim of debt. They are common in various sectors, including medical and real estate. For instance, a contractor may place a lien on a home whose owner couldn't afford all the remodeling. In the same vein, an estate tax lien or IRS lien report emerges from overdue fines.
Mortgages and auto loans are both forms of claims. They both give the creditor or financial provider a way to claim the property if the owner cannot afford to pay for the underlying debt.
How Liens Impact Homeowners
There are two types of liens placed in a home: a voluntary or an involuntary lien. A voluntary lien is a mortgage, is where a homeowner consents to the lien. This action is a form of security to repay a debt. This arrangement ensures that the homeowners will pay their debt but does not negatively affect the homeowner or the property's value.
Still, an involuntary lien, also identified as a mechanic's lien, is set on a property when a homeowner cannot pay for home renovations, a tax bill, or another outstanding charge linking to the property.
When installed on the house, an involuntary lien warrants that a homeowner cannot sell the home until the lien is no longer exists, so it's necessary to check the property's history before committing to buy it. The current owners may not even be informed that one exists on their property. Do a quick search or background check as part of your due diligence. This easy step can give you peace of mind.
There happen to be numerous ways to handle tax lien searches, which you can do by using the internet, or in-person at the county recorder, clerk, or assessor's office.
If your property has a lien, it can affect everything from your credit rating, job hunting, and even your relationships. However, there are methods to eliminate the lien set on you or your home.
How to Search Property Lien
Liens are typical and are easily searchable online. A mere property search can reveal any property or tax liens. You can fill in the address of the home you are contemplating buying, and there's an excellent possibility the data you are looking for will be available.
If exploring online doesn't help, you can go through handwritten documents at your county recorder, registrar, or assessor's department. These reports should be readily available, and the people working in these departments can assist you with your inquiry.
How You Can Eliminate Property Liens and Other Involuntary Liens
Involuntary liens are notoriously tricky to remove from the public record, but there are steps you can take to clear your name. It's best not to file for bankruptcy, as this will only make it easier for lien holders to collect the money, they are subject to.
In extension to paying off the lien, you can withdraw it by granting control to the lienholder. While this isn't absolute, this is often the only course of action open to many. You can also petition in court that the expense you owe is unreasonable — depending on the circumstances, this could eliminate the lien.
If you pay off your debt, anticipate getting a statement from any government holder of involuntary liens (such as tax) within 30 to 60 days of your last payment. If you do not obtain one, talk to the agency to confirm your release. They need to be notarized for them to be valid and can be submitted to the county recorder's office to have the lien lifted from your property.