Liens and Encumbrances,
claims against the land
Guides to the claims that can be recorded against a property: mortgages and deeds of trust, tax liens, judgment and mechanics liens, lis pendens, and the releases that end them. Others cover the sales that enforce a lien, from a sheriff sale to a tax sale or a deed in lieu of foreclosure.
Estoppel Letter: What It Means in Real Estate (HOA and Mortgage)
An estoppel letter is a signed statement of what is owed on a property, issued by a lender or homeowners association, that the issuer is then bound by. Buyers, sellers and closing agents rely on it to pay off a loan or clear association dues at closing. Some states set deadlines and fee caps for it, notably Florida.
Read the guide · 9 min readFederal Tax Lien Search: How to Find an IRS Lien on a Property
A federal tax lien search looks for a Notice of Federal Tax Lien filed against an owner. For real property, federal law sends the notice to the office the state designates where the land sits; in Florida, the county clerk of the circuit court. Search that office's index by the taxpayer's name, then look for a certificate of release.
Read the guide · 9 min readFlorida Judgment Lien: How It Attaches, How Long It Lasts and How to Search It
In Florida, a money judgment becomes a lien on real property only when a certified copy, with the creditor's address, is recorded in the official records of the county where the land sits. It lasts 10 years, can be extended by re-recording, and never past 20 years from the judgment. A separate Department of State certificate reaches personal property for 5 years.
Read the guide · 9 min readFlorida Municipal Lien Search: Code Liens, Utility Liens, Assessments and Open Permits
A Florida municipal lien search asks the city or county, and its utility providers, about charges an official records search can miss: code enforcement fines, unpaid water, sewer or gas charges, special assessments and open building permits. Florida statutes make some utility charges and assessments liens until paid, with no recorded document required by the statute text.
Read the guide · 9 min readHOA Lien: How a Homeowners Association Lien Works, Ranks and Shows in the Records
An HOA lien is a homeowners association's legal claim against a lot for unpaid assessments, created by the community's recorded declaration and by state statute. Depending on the state, it is perfected by recording a claim of lien, by filing with a court clerk, or by the declaration alone. It can lead to foreclosure, subject to state limits.
Read the guide · 9 min readMortgage Search by Address: How to Find Who Holds a Mortgage on a Property
A mortgage search by address starts with the county assessor, which turns the address into a parcel number and an owner name. You then search the county recorder's index under that owner for mortgages or deeds of trust, plus later assignments and satisfactions. A borrower can also ask the servicer, which must identify who owns the loan.
Read the guide · 9 min readNew York Mechanics Lien Law: Deadlines, Filing and How Long a Lien Lasts
Under New York Lien Law section 10, a contractor, subcontractor, laborer or supplier files a notice of mechanic's lien with the county clerk within eight months after the last work or materials, or within four months for a single family dwelling. The lien lasts one year from filing unless the lienor sues to foreclose or files an extension.
Read the guide · 9 min readSatisfaction of Mortgage: What It Is, Deadlines by State, and How to Confirm One
A satisfaction of mortgage is the document a lender signs and records after a mortgage loan is paid in full. It tells the land records that the mortgage no longer secures a debt, which clears that lien from the title. State law sets the deadline, for example 30 days in North Carolina and Arizona and 60 days in Florida.
Read the guide · 8 min readWhat Is an Encumbrance on Property? Meaning, Types and Examples
An encumbrance is any claim or right in a property held by someone other than the owner, such as a mortgage, lien, easement, lease or restrictive covenant. It does not take ownership away, but it limits what the owner can do with the property or how freely it can be sold. Most encumbrances are found in the county land records.
Read the guide · 9 min readAbstract of Judgment: What It Is and How It Creates a Lien on Real Property
An abstract of judgment is a short, certified summary of a money judgment that the winning party records with the county. Once recorded and indexed, it creates a lien on the debtor's real property in that county. In Texas the lien lasts 10 years, and in California it runs 10 years from entry of the judgment.
Read the guide · 9 min readDeed in Lieu of Foreclosure: How It Works and What It Leaves in the Title
A deed in lieu of foreclosure is a deed from a borrower to the mortgage lender, given in place of a foreclosure case. The lender agrees to take the property instead of the debt owed. It is faster and quieter than a foreclosure sale, but it does not by itself remove other liens recorded against the property.
Read the guide · 9 min readDeed of Reconveyance: What It Is, Who Issues It and How to Confirm It Was Recorded
A deed of reconveyance is the recorded document a trustee signs after a deed of trust loan is paid in full. It returns legal title from the trustee to the borrower and clears the lender's claim from the public record. Without it, the old loan can still appear open in a title search.
Read the guide · 9 min readDeed of Trust vs Mortgage: Differences, Foreclosure and What It Means in Texas and Arizona
A mortgage is a two-party security instrument between borrower and lender. A deed of trust adds a third party, a trustee, who holds the property as security and can sell it after a default. Texas and Arizona records show deeds of trust, and a release or reconveyance closes them, not a payoff alone.
Read the guide · 9 min readDelinquent Real Estate Taxes: Penalties, Liens and How to Check a Parcel
Delinquent real estate taxes are property taxes not paid by the date the law sets. From that date the bill grows with penalties or interest, the tax lien stays on the parcel ahead of other claims, and the taxing authority can eventually sell a tax certificate or foreclose. Each state sets its own dates and rates.
Read the guide · 9 min readFlorida Lis Pendens: How It Works Under Florida Law and How to Find One
In Florida, a lawsuit affects a property against later buyers only if a notice of lis pendens is recorded in the official records of the county where the property sits. Under Fla. Stat. 48.23, the notice generally expires after one year unless it rests on a recorded instrument or a construction lien, or a court extends it.
Read the guide · 9 min readHow to Check for Liens on a Property
Search the county recorder or clerk for documents recorded against the property and against every owner's name, check the tax collector for unpaid property taxes, and search state and federal court indexes for judgments and lawsuits. Federal tax liens are filed in the county land records. No single database holds every type of lien.
Read the guide · 9 min readLien on a House: What It Means for Owners and Buyers, and How It Gets Removed
A lien on a house is a creditor's legal right in the property, which usually blocks a sale until the debt is satisfied. Common types are mortgages, tax liens, judgment liens and contractor liens. A lien is removed by paying it, then recording a release, or by a court order or expiration.
Read the guide · 9 min readLien Waiver: Conditional vs Unconditional, Progress vs Final Forms
A lien waiver is a signed document in which a contractor, subcontractor or supplier gives up the right to claim a mechanics lien on a property, usually in exchange for a payment. A conditional waiver takes effect only when payment clears. An unconditional waiver takes effect when signed. Progress waivers cover work to a date; final waivers cover everything.
Read the guide · 8 min readMaricopa County Lien Search: How to Find Liens on a Property in Arizona
To search for liens in Maricopa County, look up the parcel and every owner name in the county recorder's records, check the County Treasurer for property tax status, and ask any homeowners association for a lien statement. Mechanics' liens and recorded judgments are filed with the county recorder. A search is not title insurance.
Read the guide · 9 min readMechanics Lien: How It Works, Who Can File and Deadlines by State
A mechanics lien is a legal claim recorded against a property by someone who supplied labor or materials to improve it and was not paid. Who may file, what notices come first and how many days they have all depend on state law. A recorded lien shows up in the county records and clouds the title until it is released.
Read the guide · 9 min readNotice of Commencement in Florida: What It Is, What It Contains and How Long It Lasts
A notice of commencement is a sworn notice an owner records with the county clerk before construction begins, naming the property, the contractor, any lender and the work. In Florida it is effective when filed, lasts one year unless stated otherwise, and fixes when contractors and suppliers lien rights take priority.
Read the guide · 8 min readRelease of Lien: What It Is, Who Files It and How to Get One
A release of lien is a signed document from the lienholder stating that the lien on a property is cleared, usually because the debt was paid. Recording it in the county land records puts that fact on the public record. Until it is recorded, the lien can still show up in a title search.
Read the guide · 9 min readSheriff Sale: How It Works and What Happens to Liens Afterward
A sheriff sale is a public auction, ordered by a court and run by the county sheriff, that sells a property to pay a debt, usually an unpaid mortgage or tax claim. The winning bidder receives a deed from the sheriff, and the sale then sorts out which liens are paid and which are not.
Read the guide · 8 min readTax Lien: What It Is, How It Attaches, and Where It Ranks
A tax lien is a legal claim a government places on property when taxes go unpaid. A property tax lien usually attaches on a set date each year, such as January 1 in Florida, Texas and Arizona, and ranks ahead of most other liens, including a mortgage. It stays until the taxes are paid or the property is sold.
Read the guide · 9 min readTax Sale: How a Property Tax Sale Works, State by State
A tax sale is a forced auction held by a county or other taxing authority to collect unpaid property taxes. Some states sell the property itself, others sell a lien or certificate on it. Either way, the owner usually keeps a right to redeem by paying what is owed, and the sale leaves a trail in the record.
Read the guide · 14 min readIs That Mortgage Actually Open? Satisfactions, Assignments and CEMAs
A mortgage stays in the public record forever; only a satisfaction, discharge or release closes it. An assignment transfers the loan to a new lender and closes nothing. A CEMA folds old mortgages into one new lien, so the originals look open when they are not. Match every mortgage to its discharge by document reference, not by date.
Read the guide · 13 min readJudgment Liens: How a Court Judgment Attaches to Real Property
A judgment lien is a money judgment docketed or recorded in a county, attaching to real property the debtor owns there. It is not automatic on entry of judgment; docketing creates the lien. Because it attaches to the debtor, it reaches every parcel they own in that county, including property acquired later. Duration and renewal are set by state statute.
Read the guide · 12 min readLis Pendens: What It Means When You Find One on a Property
A lis pendens, or notice of pendency, is a recorded notice that a lawsuit affecting title to a specific parcel is pending. It is not a lien and not a judgment, and it names no dollar amount. It gives constructive notice: anyone who buys or lends after it is filed is bound by the case’s outcome.
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