What is a lien: Working, Types, and Removal Methods

A lien is a legal right that a lender has over a borrower’s assets till he repays the debt. Liens are attached to a property, vehicle, equipment, or any personal asset. In this blog, our focus will be on property liens.

When a debt is undertaken, a lien is placed on the borrower’s property, which remains till the debt is settled. Let us understand how property liens work, and ways to remove them.

How Does a Property Lien Work?

A lien legally protects the lender’s investment. It gives the lender the right to seize the property if the borrower defaults. Holders can force the sale of the property to recoup their losses. A property can have multiple liens, depending on the number of debts.

However, liens come into action only when you default on your monthly mortgage payments. There are two ways, in which liens come into force, voluntary and involuntary.

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Voluntary

When you get a mortgage, you agree to a voluntary liens. This means that the lender has the right to seize your property if you don’t pay back the loan. You remove the lien after paying the debt in full.

Voluntary liens do not adversely affect your credit as long as repayment terms are satisfied.

Involuntary

By contrast, involuntary liens are third-party claims on your property. In this case, the lender goes to the court when you fail to repay their debt. The court places involuntary liens on your property without your consent.

Involuntary liens have a negative impact on your credit score and report, they impact your ability to obtain future finances. Involuntary liens get eliminated once you repay the lender.

Types of Property Liens

Based on the circumstances and the nature of the debt, various types of liens can be attached to your property. Here are some common types of property liens:

• Mortgage Liens: This is attached when a borrower takes out a mortgage to buy a property. The lender puts a mortgage lien on the property as collateral until the loan is fully repaid.
• Tax Liens: The government imposes this tax when a taxpayer fails to pay federal, or state taxes. It gives the government a legal claim on the taxpayer’s property as security for unpaid taxes.
• Mechanic / Contractor’s Liens: Contractors or suppliers who have contributed labor or materials to a construction project without receiving payment file this type of lien. It enables them to assert a stake in the property where they conducted the work.
• HOA Liens: Homeowners’ Associations (HOAs) can place a lien on a property if the homeowner fails to pay their HOA fees. The HOA allows them to recover the unpaid dues by foreclosing on the property.

Each type of lien has different legal implications. Hence, we advise you to consult with a legal professional to understand the specific laws applicable to your situation.

How to Remove A Lien on Your Property?

Here are the ways to remove it:

1. Pay Back Your Debt: The most common way to remove liens is by paying off the debt or fulfilling the financial obligation owed to the lienholder. Once you have completely repaid the debt, request a release or satisfaction document from the lienholder.
2. Negotiate Debt Settlement With Your Lender: Debt settlement is a process where you pay a one-time amount to remove the lien. The settlement amount is usually less than the total amount you owe.
3. Dispute the Lien: You can seek the court’s assistance by disputing the lien’s legitimacy. If the lienholder fails, the judge might dismiss it. Seek guidance from a real estate attorney to understand the legal process of removing liens.

How to Conduct a Lien Search Using Property Address?

One can use the online platforms of the county recorder, clerk, or assessor’s office to perform an address-based lien search.

Although the search is free, you may have to pay a small fee to obtain the report copy.

Additionally, lenders order a title search to find out liens on a property before approval. If the property has any active liens, the lender will not approve the mortgage.

Bottom Line

Liens are a part and parcel of your loan agreement. If you consistently make your monthly payments, your lien is unlikely to impact your life.

Nonetheless, liens endanger your financial well-being. Even if holders of liens opt against foreclosure, these liens can hinder your ability to sell your house or refinance your mortgage.

So pay your monthly payments consistently to avoid the drastic implications of liens. Be aware of the legal attributes though. Thoroughly, read the terms and conditions of your loan papers, and consult a professional if required.

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