The Karlin Law Firm LLP - Business Law Attorney

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

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How to check for liens on a property

A California homeowner who thinks they may have a lien on their property will want to check for one prior to selling. In many cases, a homeowner won’t necessarily know if there is a lien without doing a formal search. For instance, those who were involved in new home construction may file a lien without telling the homeowner about it.

It’s also possible that a lien was improperly filed on a property or remains after a debt was paid. A lien search is generally free, and it can be conducted by doing a search through a county clerk or recorder. If there are liens on the home, a buyer may want to reconsider making an offer on it. However, it is possible that a seller will have the money available to cover the liens and sell the home with a clear title.

There are many different types of liens that can be placed on a home. Tax liens are levied when a homeowner fails to pay local taxes or has unpaid federal taxes. A mechanic’s lien is put on a home when a homeowner fails to pay a contractor for services rendered. A judgment lien may be placed on a home if a person owes another party for unpaid child support or credit card debt.

A lack of disclosure during a real estate transaction may cause issues for a buyer. If there is a lien on a property, the buyer may not be the true owner after closing on a transaction. At a minimum, the buyer may need to pay debts incurred by the seller to obtain a clear title. An attorney could help a buyer resolve issues related to a title prior to buying a property.

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