How to Find Liens on a Property: Uncovering Hidden Claims Before You Buy

I learned about property liens the hard way. Back in 2018, I was helping my brother-in-law purchase what seemed like a perfect starter home in suburban Phoenix. Everything looked great on paper, the inspection went smoothly, and we were ready to close. Then, three days before signing, the title company discovered a $47,000 mechanic's lien from a contractor who'd done work two years prior. The seller had no idea it existed. That experience taught me that understanding how to search for liens isn't just helpful—it's essential protection for anyone dealing with real estate.

Property liens are like invisible strings attached to a piece of real estate. They represent someone's legal claim to the property as security for a debt. And here's the thing that surprises most people: these claims follow the property, not the person who incurred the debt. So even if you're the most responsible person in the world, you could inherit someone else's financial mess if you're not careful.

The Nature of Property Liens

Before diving into the search process, let me paint a clearer picture of what we're actually looking for. A lien is essentially a notice to the world that says, "Hey, this property owner owes me money, and I have a legal right to get paid from this property." It's recorded in public records, creating a cloud on the title that must be cleared before the property can be sold with clean title.

The most common type everyone knows about is a mortgage lien. When you borrow money to buy a house, the lender places a lien on the property. But that's just the tip of the iceberg. Tax liens pop up when property taxes go unpaid—and let me tell you, the government doesn't mess around with these. They take priority over almost everything else.

Then there are judgment liens, which occur when someone wins a lawsuit against the property owner. Mechanic's liens (also called construction liens) arise when contractors, subcontractors, or material suppliers don't get paid for work on the property. HOA liens happen when homeowners association fees go unpaid. Even child support obligations can result in liens in some states.

Starting Your Lien Search

The beauty of our legal system is that liens must be recorded to be valid against subsequent purchasers. This means they're part of the public record, theoretically accessible to anyone willing to look. But "theoretically accessible" and "easy to find" are two very different things.

Your first stop should be the county recorder's office (sometimes called the registrar of deeds or county clerk's office, depending on where you are). Most liens are recorded at the county level, in the county where the property sits. I've spent countless hours in these offices, and I can tell you that the experience varies wildly from place to place.

In tech-forward counties like those around Seattle or Austin, you might find robust online databases where you can search from your couch at 2 AM. Type in the property address or parcel number, and boom—you get a list of all recorded documents. But in rural counties or those with limited budgets, you might find yourself standing at a dusty terminal in a courthouse basement, scrolling through microfilm like it's 1987.

The Online Search Revolution

The digital transformation of public records has been a game-changer, though it's happening at different speeds across the country. Many counties now offer online portals where you can search for liens. The trick is knowing where to look and what search terms to use.

Start with the county assessor's website. Look for links to "property records," "recorded documents," or "official records." Once you're in the system, you'll typically search by the property address, the owner's name, or the parcel identification number (PIN). I always recommend searching multiple ways because sometimes records are indexed incorrectly.

When I search online, I look for any document with words like "lien," "judgment," "notice," "claim," or "lis pendens" in the title. Don't just look at recent recordings—some liens can be decades old and still valid. In one memorable case, I found a utility lien from 1994 that everyone had forgotten about but was still technically enforceable.

Understanding Federal Tax Liens

Here's where things get a bit more complex. Federal tax liens aren't always filed at the county level. The IRS files these liens in the state where the taxpayer lives, which might be different from where the property is located. If you're doing a thorough search, you need to check both the county records and the federal tax lien registry.

The IRS used to make this information somewhat accessible through their website, but the system has changed over the years. Now, you often need to search through the state's secretary of state website or wherever federal liens are filed in that particular state. It's a bit like a treasure hunt, except the treasure is actually a financial obligation you want to avoid.

The Title Search Professional Route

At this point, you might be thinking, "This sounds like a lot of work." You're not wrong. This is why title companies and real estate attorneys exist. They have access to specialized databases and the expertise to interpret what they find.

A professional title search typically costs between $150 and $500, depending on the complexity and location. For that money, you get a trained professional who knows exactly where to look and what to look for. They'll search not just for liens but for any encumbrances on the property—easements, deed restrictions, boundary disputes, you name it.

I've seen title professionals catch things that would have been nearly impossible for a layperson to find. Like the time a title searcher discovered that a property had been incorrectly described in a lien filing, but through careful research, determined that the lien was indeed intended for that property. A casual searcher might have missed it entirely.

The Preliminary Title Report

If you're in the process of buying a property, you'll typically receive a preliminary title report (also called a title commitment or binder) from the title company. This document lists all the liens and encumbrances currently affecting the property. But here's a crucial point: don't just skim this document. Read it carefully.

I've seen buyers gloss over preliminary title reports, assuming everything must be fine if the title company is willing to insure. But title insurance has exceptions, and those exceptions matter. The report will list items that won't be covered by the insurance, and sometimes important liens hide in those exceptions.

Timing Matters

One thing that trips people up is the timing of lien searches. A lien search is only current as of the moment it's conducted. New liens can be filed at any time, right up until the moment of closing. This is why title companies do a final search just before closing, looking for any last-minute filings.

I once witnessed a situation where a contractor filed a mechanic's lien literally the morning of closing. The title company caught it during their final search, and the closing had to be postponed while the parties sorted it out. It was stressful for everyone involved, but it showed me the importance of that final check.

State-Specific Quirks

Every state has its own rules about liens, and some of these quirks can catch you off guard. In Pennsylvania, for example, municipal liens for water and sewer service might not show up in a standard county search because some municipalities have their own filing systems. You need to contact the municipality directly.

California has something called a "Notice of Default" that gets recorded when a homeowner falls behind on mortgage payments. It's not technically a lien, but it's a red flag that foreclosure proceedings have begun. In Texas, property tax liens are automatic—they don't even need to be filed to be valid.

Some states have redemption periods for tax liens, meaning even after a tax sale, the original owner has time to pay off the debt and reclaim the property. If you're buying a property that went through a tax sale, you need to know whether that redemption period has expired.

Beyond Traditional Liens

Sometimes claims against property don't show up as traditional liens. Lis pendens, which literally means "lawsuit pending," is a notice that someone has filed a lawsuit involving the property. It's not a lien per se, but it clouds the title just the same.

Then there are UCC filings (Uniform Commercial Code), which can affect personal property that's attached to real estate. Solar panels, for instance, might be subject to a UCC filing if they were financed separately from the home. These filings are typically searched separately from real estate records.

The Human Element

What makes lien searching particularly challenging is that it requires both technical knowledge and intuition. You need to think about what might be missing. If you see a mechanics lien release but no corresponding mechanics lien, you might want to dig deeper. Maybe the lien was filed in the wrong county or under a slightly different name.

I always tell people to trust their instincts. If something seems off about a property's history—like a series of quick sales or an unusually low price—it's worth doing extra digging. Sometimes the most important discoveries come from following hunches and asking "what if" questions.

Protecting Yourself

Even the most thorough lien search can miss something. That's why title insurance exists. But title insurance isn't a magic bullet. It typically only covers issues that existed before you bought the property, not new liens that arise afterward. And as I mentioned earlier, it has exceptions.

For ultimate protection, consider requiring the seller to provide a warranty that no undisclosed liens exist. Get it in writing. Some purchase contracts include representations and warranties about liens, but these are only as good as the seller's ability to pay if they turn out to be false.

The Bottom Line

Finding liens on a property is part detective work, part legal research, and part art. It requires patience, attention to detail, and often, professional help. But it's absolutely worth doing right. That $47,000 surprise my brother-in-law almost inherited? We caught it in time, negotiated with the seller to clear it from the proceeds of the sale, and the transaction eventually closed smoothly.

Whether you do it yourself or hire professionals, make sure a thorough lien search is part of your property transaction. Because in real estate, what you don't know absolutely can hurt you. The few hundred dollars spent on a professional search, or the few hours spent doing it yourself, could save you from a financial nightmare that follows you for years.

Remember, liens don't just disappear. They attach to the property like barnacles to a ship's hull, and they'll stay there until someone scrapes them off. Make sure that someone isn't you, paying for someone else's old debts. The peace of mind that comes from knowing your property is truly yours, free and clear, is worth every bit of effort you put into the search.

Authoritative Sources:

"Real Estate Law." West's Encyclopedia of American Law, edited by Shirelle Phelps and Jeffrey Lehman, 2nd ed., vol. 8, Gale, 2005, pp. 267-271.

Black, Henry Campbell. Black's Law Dictionary. 11th ed., edited by Bryan A. Garner, Thomson Reuters, 2019.

Jennings, Marianne M. Real Estate Law. 11th ed., Cengage Learning, 2018.

Miller, Roger LeRoy, and Gaylord A. Jentz. Business Law Today: The Essentials. 11th ed., Cengage Learning, 2016.

"Recording Acts." Cornell Law School Legal Information Institute, www.law.cornell.edu/wex/recording_acts.

"Title Searches and Title Insurance." Federal Trade Commission Consumer Information, www.consumer.ftc.gov/articles/0044-title-searches-and-title-insurance.

United States Government Accountability Office. "Federal Tax Liens: Factors Affecting the Federal Tax Lien Filing Determinations." GAO-11-492, May 2011, www.gao.gov/products/gao-11-492.