Real Estate

Lien

A lien is a legal claim against a property that must be paid when the property is sold, serving as security for a debt or obligation.

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Exam Tip

Property tax liens are ALWAYS first priority. Recording date determines other priorities.

What is a Lien?

A lien is a legal right or interest that a creditor has in another's property, lasting until the debt or obligation is satisfied. Liens attach to the property, not the owner.

Types of Liens

TypeHow CreatedPriority
Property Tax LienUnpaid property taxesHighest priority
Mortgage LienHome loanBased on recording date
Mechanic's LienUnpaid contractor workVaries by state
Judgment LienCourt judgmentBased on recording date
HOA LienUnpaid association duesVaries by state

Voluntary vs. Involuntary Liens

TypeCreated ByExamples
VoluntaryOwner's choiceMortgages, home equity loans
InvoluntaryWithout consentTax liens, judgment liens, mechanic's liens

Lien Priority

Generally, liens are paid in this order:

  1. Property tax liens (always first)
  2. First mortgage
  3. Second mortgage/HELOC
  4. Other liens by recording date

Releasing a Lien

A lien is released when:

  • Debt is paid in full
  • Creditor files a lien release
  • Property is sold and lien paid at closing
  • Statute of limitations expires

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