Lien; A charge or Claim against a person’s property made to enforce the payment of money. There are many forms of liens the most common is the mortgage lien or claim for repayment of a note. A lien is said to be an encumbrance on the owner’s title, this is anything which would prevent you from selling without arranging to pay off a recorded debt first. Property tax liens are judged to be superior to most other types of liens in that they take priority over many other encumbrances (because they are government enforced) and this can result in a TAX SALE where the property is sold to satisfy the debt.

Other liens that can cloud your title generally fall in the category of MECHANIC’S LIENS, this is an involuntary lien that gives security to persons or companies that provide services or materials but have not been paid. In this case the party filing the lien must have had an agreement with the property owner (and can prove some type of a contractual arrangement) and must then file notice of the lien in the public record of the county where the property is located. Other Liens can be filed for Municipal Utilities, Inheritance taxes, IRS tax and other claims that a judge can see clear to award an aggrieved party. Since the purchaser of real property has the right to clear title when buying, these liens must be satisfied and discharged against the real estate on or before the transfer of ownership.

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