Liens and Encumbrances8 min read

Tax Lien: What It Is, How It Attaches, and Where It Ranks

A tax lien is the government's legal claim on property for unpaid taxes. How a property tax lien attaches on January 1, where it ranks, and how to find one.

By HeritageDeed Research, Title Data TeamPublished Last updated

Quick answer

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.

What is a tax lien?

The Legal Information Institute defines it this way: "A tax lien is a lien acquired by court order that gives the government a security interest in property because of a failure to pay assessed taxes" (Legal Information Institute, tax lien). A lien is a claim against property that must be dealt with before the property can be sold or refinanced with clear title.

Property tax liens are different from the tax lien the IRS files for unpaid income tax. This article covers the local kind: the lien that county, city and school taxes create on a parcel. The IRS version has its own rules and has its own separate article.

It also helps to separate the lien from what comes after it. A lien is the claim. A tax sale, a tax lien certificate or a tax deed is what a government may do to enforce the claim if it stays unpaid. Those each have their own articles: tax sale, tax deed vs tax lien certificate, and delinquent property taxes.

Definition

Tax lien — A legal claim by a government on property because assessed taxes have not been paid. The claim secures the debt against the property itself, so it follows the property until the debt is cleared.

How does a property tax lien attach?

In many states the lien attaches automatically on a fixed date, before any bill is mailed and before anyone is late. The owner does not have to be notified for the lien to exist, and nothing has to be recorded for it to exist.

Texas says this plainly. Tax Code section 32.01 provides that "On January 1 of each year, a tax lien attaches to property to secure the payment of all taxes, penalties, and interest ultimately imposed for the year on the property" (Texas Tax Code 32.01, Texas.Public.Law). The same section says the lien "is perfected on attachment" and generally needs no further action by the taxing unit.

Arizona uses the same date. A.R.S. 42-17153 says the lien "Attaches on January 1 of the tax year" and is not removed until the taxes, penalties, charges and interest are paid, title has finally vested in a purchaser under a sale for taxes, or a certificate of removal and abatement has been issued (A.R.S. 42-17153, Arizona Legislature).

Florida's lien also runs from January 1. Section 197.122 says taxes continue as a lien "from January 1 of the year the taxes were levied until discharged by payment or until barred under chapter 95" (Fla. Stat. 197.122, Online Sunshine).

One consequence matters at every closing. A lien that attaches on January 1 can exist for taxes that are not yet billed or due. That is why the unpaid balance on a tax bill is not the only number a buyer needs.

How do tax lien rules differ by state?

The attachment date, the ranking and the enforcement method are set by each state. The table shows three states whose statutes we read directly. It is a snapshot of the statute text, not a full summary of each state's law.

Statute text as published on each fetched page. Other states differ, and statutes are amended, so confirm against the current code for the state where the property sits.
StateWhen the lien attachesRanking, as the statute states itStatute read
FloridaJanuary 1 of the year taxes are levied"first lien, superior to all other liens" on the assessed propertyFla. Stat. 197.122
TexasJanuary 1 of each yearTakes priority over a homestead interest, over claims of other creditors, and over lienholders including a property owners' association lienTex. Tax Code 32.01 and 32.05
ArizonaJanuary 1 of the tax yearPrior and superior to other liens, except liens held by the state and liens for taxes of other yearsA.R.S. 42-17153

Does a tax lien come before a mortgage?

In most places, yes. Recording order normally decides priority between private liens: the one recorded first is paid first. A property tax lien is the common exception. The law gives it a place at or near the front regardless of when other liens were recorded.

The Legal Information Institute notes the practical result: "If the property is mortgaged a tax lien will take precedence over the mortgage." It adds that a lender may pay the tax debt itself to protect its own lien, then seek reimbursement from the owner.

Texas goes further than most. Section 32.05 says the priority given to a tax lien "prevails, regardless of whether the debt, lien, future interest, or other encumbrance existed before attachment of the tax lien" (Texas Tax Code 32.05, Texas.Public.Law). The same section lists exceptions: it says a tax lien is inferior to certain claims against a decedent's estate, such as funeral expenses and expenses of the last illness, so read the full section before relying on a summary.

Not every lien is outranked. In Arizona, state-held liens and liens for taxes of other years stay ahead of the current-year property tax lien. For how a judgment or mechanic's lien fits in, see our guides to judgment liens and liens on a house.

Tax lien vs tax lien certificate

What does a tax lien sale look like in practice?

New York City sells some tax debt rather than the property. In a lien sale, the city sells the right to collect certain unpaid charges to a trust, and the owner then deals with a servicer instead of the city. Which properties are eligible, and what the notice sequence looks like, is explained in the NYC tax lien sale guide.

How do you find a tax lien on a property?

  1. Check the tax collector's account for the parcel

    Start with the office that bills and collects the property tax: the county tax collector, treasurer or tax assessor-collector. Its account page shows what is owed by tax year and whether the account is delinquent. Cook County's Treasurer, for example, offers a search "to see if your property has delinquent taxes" (Cook County Treasurer). Harris County's Tax Office has a delinquent account search for its parcels (Harris County Tax Office).

  2. Look for more than one tax year

    Because the lien attaches on a fixed date, the current year can carry a lien even if the bill is not yet due. Check every year shown, and ask the office for the payoff amount for a specific closing date.

  3. Check the sale and certificate records

    If a prior year was sold, the tax collector's page usually says so and shows who bought it. Where taxes have been sold, the owner generally pays the buyer or the office to redeem, so the payoff can differ from the original bill.

  4. Search the recorded documents

    Some tax liens, especially state-level and special assessment liens, are recorded with the clerk or recorder. Search the owner's name and the parcel in the recorded index. Our guide to checking for liens walks through the method.

  5. Match the result against the title search

    A full title search compares tax records against recorded mortgages, judgments and releases. Tax liens that are not recorded can be missed by a records-only search, which is a limit described in what an automated title search misses.

How is a tax lien removed?

The standard way is payment of the taxes, penalties, interest and charges. The Arizona statute lists three events that end its lien: payment, title finally vesting in a purchaser under a sale for taxes, or a certificate of removal and abatement. Florida says the lien continues until discharged by payment or barred under chapter 95.

After payment, ask the collecting office for a receipt or paid-in-full statement and confirm the account shows a zero balance. If a lien or a notice was recorded, a release should be recorded as well, as explained in release of lien.

Tax lien, tax sale, tax deed and federal tax lien compared

These terms are often used loosely. The table separates what each one is.

Each term has its own rules and its own article.
TermWhat it isWhere to read more
Property tax lienThe claim on a parcel for unpaid local taxesThis article
Tax saleThe sale held to collect delinquent taxesSeparate tax sale article
Tax lien certificate vs tax deedTwo outcomes of a sale: the right to collect, or the propertySeparate certificate vs deed article
Delinquent property taxesTaxes that are past dueSeparate delinquent taxes article
Federal tax lienA claim by the IRS for unpaid federal taxSeparate federal tax lien article

What can a records search show about a tax lien?

A records search reports what the public index contains. HeritageDeed offers a Current Owner Search for $49, a Two Owner Search for $79 and a 30-Year Search for $129, in the counties listed on the title search page, such as Harris County, Texas, Cook County, Illinois and Maricopa County, Arizona.

A records search is not title insurance and not legal advice. It does not replace asking the tax collector for a payoff figure, and it cannot show a tax lien that exists only in the collector's books and was never recorded. Treat the tax office account as the authority on what is owed, and the recorded index as the authority on what was filed.

Key takeaways

Key takeaways

  • A tax lien is a government claim on property for unpaid taxes, and it follows the property, not just the owner.
  • In Florida, Texas and Arizona the lien attaches on January 1, so a current-year lien can exist before the bill is due.
  • Property tax liens usually outrank mortgages and other private liens, though each state lists its own exceptions.
  • The lien and a tax lien certificate are different: the certificate is what a buyer gets when a state sells the right to collect.
  • Find a lien by checking the tax collector's account first, then the recorded index, and get a payoff figure for the closing date.

Frequently asked questions

What is a tax lien on a property?
It is a legal claim a government holds on a parcel because assessed taxes were not paid. The claim secures the debt against the property, so it stays with the property if the owner changes. It is usually cleared by paying the taxes, penalties, interest and charges.
When does a property tax lien attach?
It depends on the state. Florida, Texas and Arizona statutes all start the lien on January 1 of the tax year. That means a lien can exist before the tax bill is mailed or due. Check the statute for the state where the property is located.
Does a tax lien take priority over a mortgage?
Generally yes. The Legal Information Institute says a tax lien takes precedence over a mortgage, and Florida calls property taxes a first lien superior to all others. States list exceptions, such as Arizona's state-held liens and other tax years, so read your state's rule.
What are tax lien properties?
The phrase usually means properties whose delinquent taxes have been sold as a lien, or properties that carry an unpaid tax lien. It is not a separate legal class of property. Each state decides whether the debt is sold, as a certificate or at a sale, and what the buyer receives.
What is a tax lien certificate?
A tax lien certificate is a document some states issue when they sell the right to collect a delinquent tax debt to an investor. The owner usually has a redemption period to pay. States differ on whether they use certificates at all, so check the state before assuming how it works.
Is tax lien investing safe?
This article does not give investment advice. The rules a buyer relies on, including interest, redemption periods and what happens if the owner never pays, are set by each state and sometimes by each county. Read the statute and the sale terms for that jurisdiction before buying anything.
How do I find out if a property has a tax lien?
Look up the parcel on the county tax collector or treasurer site and check every tax year for unpaid balances. Then search the recorded documents under the owner's name for recorded liens. Ask the collecting office for a payoff figure for the specific closing date.
How do you get rid of a tax lien?
Pay the taxes, penalties, interest and charges the lien secures. The Arizona statute also ends its lien if title finally vests in a purchaser at a tax sale or a certificate of removal and abatement is issued. Keep the paid receipt and confirm any recorded notice is released.

Sources

Primary records and official documentation cited in this article.

  1. 1Legal Information Institute, tax lien
  2. 2Florida Legislature (Online Sunshine), Fla. Stat. 197.122 Lien of taxes; application
  3. 3Texas.Public.Law, Texas Tax Code Section 32.01 Tax Lien
  4. 4Texas.Public.Law, Texas Tax Code Section 32.05 Priority of Tax Liens over Other Property Interests
  5. 5Arizona Legislature, A.R.S. 42-17153 Lien for taxes; time lien attaches; priority
  6. 6Cook County Treasurer's Office, home page
  7. 7Harris County Tax Office, Property Tax
Topicstax lienproperty tax lientax lien propertiestax lien prioritytax lien certificatetax lien investingfind tax liens on a propertylien search

HeritageDeed provides public-record search reports only. Reports do not constitute title insurance, an attorney opinion of title, or a title insurance commitment.

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