Liens 101: A Primer on the Various Types

As a leading provider of a full range of title and escrow services, we come across liens all the time. The bad news? Liens are one of the most common conditions that slow down a real estate transaction. The good news? In most cases, there is no need to panic, especially when you are working with an experienced and reputable title company like True Concept Title. Keep reading to learn about the many different types of liens and their impact on your real estate transfer… 


What is a Lien? 


In general, a lien is a legal notice that is put on file as the consequence of an unpaid debt. It is a process created by legislature designed to secure debts that most often include real estate, and in rare cases, other personal property. 


A lien is a tool used by creditors to collect payment which is a requirement before a property can be sold.  A property lien may come from either unpaid taxes, a judgment made in court, or from past unpaid construction bills, for example, pool subcontractors. 


Is a lien holding up your real estate transaction? True Concept Title can help! Learn more about our full range of title and escrow services, call 866-651-6224


A property lien may come from either unpaid taxes, a judgment made in court, or from past unpaid construction bills, for example, pool subcontractors. 


Different Types of Liens 


It is important to note that lien procedures vary state-to-state. The most common types of liens include: 


Judgment Liens


A judgment lien can be placed on real estate or other property when a creditor files a lawsuit and wins the court judgment. A judgment lien may also be imposed by an attorney who was not paid for legal services. 


Property Tax Liens


If an individual fails to pay federal, state, or county taxes, the government can file a property tax lien for the amount that is owed on the property. Regardless of when the property tax lien was placed, it will always take precedent over other mortgages and/or liens on a property. Because the government can sell your property to cover unpaid taxes, lenders will often pay the taxes themselves to protect the mortgage – a dollar amount that will be added to the existing debt. 


IRS Liens


If an individual fails to pay taxes, the IRS can place a lien on the property especially if they are unable to garnish wages due to unemployment. 


Mechanic’s Liens


If a general contractor, carpenter, plumber, or other repair company isn’t compensated within one to six months upon completion of the job, a lien can be placed on a property. In addition, a contractor has the legal right to sue and have the lien enforced within one month to six years and potentially force the sale of a property. 


Child Support Liens 


The recipient of unpaid alimony or child support can put a lien on a property until he or she is paid or if the property is sold (via lien sale) or refinanced. 


Family Law Real Property Liens


In certain states, such as California, a spouse may file a lien against his or her real estate interests to pay attorney fees in a marital action. 


While the homeowner will be notified if a lien is placed on their property, they may not always let the buyer know before it gets to transfer the title for a sale to be completed. Our national title experts will do a thorough search to make sure that you have a clear title for the property upon purchase. Our attention to detail is what sets us apart from others in the industry, and why many mortgage brokers and real estate agents recommend us to their clients every day. 


Preparing for a Clear Title & Property Transfer 


If you are selling a home in which a lien has been placed, it is critical to contact an experienced title company who can help resolve lien issues so the real estate transaction can move forward. At True Concept Title, we specialize in a full range of title and escrow services, including the retrieval of documents such as recorded and unrecorded liens. 

To learn more about our services, contact our nationwide title and escrow service at 866-651-6224!

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In an age where technology continuously reshapes how we conduct transactions, e-closings, and digital signatures have emerged as transformative forces in the real estate industry. These innovations streamline the buying and selling process, offering numerous advantages over traditional paper-based closings. At True Concept Title Company , we embrace these advancements to provide clients with a seamless and efficient closing experience. Here’s a closer look at the key benefits of e-closings and digital signatures. Convenience and Accessibility One of the most significant advantages of e-closings is their unparalleled convenience. Digital transactions eliminate the need for all parties to gather in person, allowing buyers, sellers, and agents to close deals from virtually anywhere in the world. This flexibility is particularly beneficial for individuals with tight schedules or those living in different locations. E-closings also empower you to review documents at your own pace. You can sign digital documents securely at a time that suits you, reducing the pressure to finalize everything in a meeting. This convenience translates to a more relaxed and stress-free experience for everyone involved. Enhanced Security Measures Digital signatures offer enhanced security features that protect the integrity of your documents. Electronic transactions often utilize encryption and secure identities to ensure that signatures are genuine and documents aren't altered post-signature. Many e-closing platforms offer audit trails , allowing you to trace every step of the signing process. This transparency provides peace of mind, as both parties can verify the authenticity of the documents and who accessed them. Additionally, digital storage of these documents reduces the risk of loss or damage compared to physical papers. Increased Efficiency and Speed E-closings significantly expedite closing, reducing the time to finalize real estate transactions. By eliminating the back-and-forth associated with mailing documents, closings can be completed more rapidly. This speed is particularly useful in competitive markets where timing can influence the success of a deal. Furthermore, e-closings streamline communication between all parties involved. Any changes or updates can be managed in real time, ensuring everyone stays informed and on the same page and reducing the likelihood of miscommunication. Environmentally Friendly Practices The shift from paper-based transactions to digital signatures contributes to more sustainable and environmentally friendly business practices . By minimizing the need for printed documents, e-closings help reduce paper use and the carbon footprint of transporting physical documents. This eco-friendly approach is becoming increasingly important to clients conscious of their environmental impact. By adopting digital solutions, you contribute to a more sustainable future while enjoying the benefits of modern technology. Cost Savings E-closings can also lead to significant cost savings. By reducing the need for physical resources such as paper, printing, and postage, you can cut down on these expenses. Additionally, the increased efficiency of digital processes can save on administrative and labor costs. Moreover, fewer errors occur in digital processing, reducing costs associated with correcting mistakes commonly encountered in manual paperwork processing. Conclusion: As the real estate industry evolves, embracing e-closings and digital signatures represents a move towards greater efficiency, security, and convenience. At True Concept Title Company, we are committed to leveraging these technologies to enhance your closing experience. Whether buying or selling, consider opting for an e-closing to enjoy its many benefits. Ready to experience the convenience of e-closings and digital signatures? Contact True Concept Title Company today to learn how we can simplify your home transaction process with the latest digital solutions. Embrace the future of real estate with us!