A property lien is a legal claim against real property used to secure payment of a debt or legal obligation. A lien does not transfer ownership, but it gives a creditor an enforceable interest in the property until the debt is resolved.
Once recorded, a lien attaches to the property and can limit an owner’s ability to sell, refinance, or transfer it. Liens are commonly used to secure loans and to enforce unpaid debts.
Types of Property Liens
Most property liens fall into three categories:
- Consensual Liens — Created when an owner voluntarily uses property as collateral. Mortgages, deeds of trust, and home equity lines of credit are common examples.
- Statutory Liens — Imposed by state or federal law without the owner’s consent, often for unpaid taxes, contractor work, or government assessments.
- Judgment Liens — Arise from court judgments for unpaid debts. Once recorded, they can encumber property and must usually be resolved before a sale or refinance.
How to Remove a Property Lien
The method depends on the lien type and the underlying debt. Common options include:
- Paying the debt and recording a release of lien
- Negotiating a settlement with the creditor and recording a release of lien
- Obtaining a court order removing the lien and recording such court order
- Consulting an attorney to assess available remedies
Not every option applies in every situation, and each carries legal and financial consequences. Consulting with an experienced attorney can help you understand your rights, evaluate your options, and determine the most effective path forward. Please contact our office to schedule a consultation.
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