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Types of Property Liens

Types of Property Liens

Learning about types of Property Lens?  There are two general types: voluntary and involuntary liens.
You can search property liens in our PropertyScout.io platform. Find the most recent mortgage transaction (a voluntary lien) and the involuntary lien report that will display whether there are any mechanic/involuntary liens against that property.

What is a lien anyways? There are two types of liens.

VOLUNTARY LIENS

A voluntary lien is a claim that an entity has over a property as security for the payment of a debt. Liens are attached to the property and not to a person. A voluntary lien is contractual or consensual, meaning that the lien is created by an action taken by the debtor, the most common examples of voluntary liens are liens placed on real estate and vehicles. When a person finances a car or a house, that person agrees to have a lien placed on that property. It protects the lender from losing money if the debtor happens to default on the payment.

In other words, a voluntary lien is a type of lien where the owner (debtor) of the property grants legal claim to the property to an outside party (the creditor). The holder on the lien can seize the property from the owner if the borrower defaults on payments. The lender is granted a claim on the property as collateral for a debt rendered.

INVOLUNTARY LIENS

Involuntary liens occur by law, such as a tax or special assessment lien that is imposed by a regulatory authority. Involuntary liens can come from judgments for unpaid taxes, utilities, HOA fees, and mechanics liens for unpaid repair bills. the holder of property cannot legally sell the property while a lien is in place. Should there be a default on the debt, the lien holder can take possession of the property—for example, through foreclosure proceedings in real estate or through a repossession of vehicles.

TYPES OF INVOLUNTARY LIENS

Super liens
Property Tax liens
HOA or COA liens
IRS liens
Child Support liens
Mechanic’s or material’s liens
Family law real property liens
Judgment liens
Encumbrances

A general warranty deed promises that the grantor has complete legal ownership. With a general warranty deed, the property is free and clear of any liens, debts, or encumbrances.

Do you need to search for liens on a property? You can do a quick online lien search on a property at out at www.propertyscout.io get results within seconds!