Is There a Lien on My House? How to Do a Property Lien Search by Address: MABA Massachusetts HomeOwnership RealEstate

 “Is there a lien on my property?” If this is something you’re wondering about, then you’ll definitely want to find out, pronto. You might think you already know about any liens on a property you already own, but the fact is they can lurk beneath your radar and pop up at the most inopportune times. Topping the list: when you’re getting ready to sell your place, and a search of public records uncovers the lien. This can be very bad news, resulting in delays in selling your home or, worse, throwing a wrench into the whole deal.

 The good news is that finding out if there are liens on your property is simple and by finding out early, you can take steps so that it will not hinder selling your home, whenever that takes place. Here’s how to find out if there is a lien on a property, plus how to find liens on a property and how to do a property lien search by address.

 

What is a lien? Types of liens on a house

 In the most basic terms, a lien is a legal notice that’s attached to your property title because of an unpaid debt. It gives the unpaid party a legal claim to a portion of your property when it’s sold, and you typically can’t sell or refinance your property if the lien isn’t cleared. Liens fall into three primary categories:

  • Mechanical/contractor liens: Mechanical liens result when homeowners hire contractors to perform home improvement projects, but fail to pay them for their services and materials.
  • Tax liens: Tax liens are filed due to unpaid taxes, including local property tax liens and those filed by the IRS for missed federal tax payments.
  • Judgment liens: Judgment liens result from court cases in which it was ruled that you owe money to the other party. They can include settlements related to child support, unpaid credit card debt, and medical bills.

 

Sacha Ferrandi, co-founder of Source Capital Funding, says homeowners won’t always know if a lien is a filed against their property.

 “A notable exception is if you buy a newly built home, and the contractors or subcontractors were never paid for their work,” Ferrandi explains. “Contractors and subcontractors can file liens without notifying the homebuyer.” Also, sometimes mistakes are made, and there may be a lien wrongly filed against your property or a lien that remains on record for a debt you’ve already paid. Fortunately, in those cases, you can take some simple steps to clear them up with your county clerk.

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Watch: Ready to Refinance? Ask These 5 Questions First

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How to find out if there is a lien on a property: Property lien search by address

 Liens are a matter of public record, so it’s simple to find out if there’s one on your property, or on anyone else’s property for that matter. In most states, you can typically search by address with the county recorder, clerk, or assessor’s office online. The search for liens is free, though you may have to pay a small fee for a copy of the report, which will vary by county.

 Another easy place to start? Property Shark has a portal where you can simply type in a property’s address to find any liens on it. You can also hire a title company to do the legwork for you, but there will be a charge, and for the most part it’s going to do the exact same thing you’d do anyway. If you have your eye on a property, it’s a good idea to conduct your own search as well so you don’t run into any surprises at the last minute.

How to find out if there is a lien on a property?

 If you do find a lien on your property (or one you want to purchase), don’t panic. If the lien is paid off already, you may just have to contact the appropriate party with proof in the form of a lien release. But if it hasn’t been paid, you’ll need to sort this out before your home sale goes through.

 “Liens can become an issue for everyone involved, particularly if the total liens on a property add up to more than the contract price,” says Klaus Gonche, a real estate agent with Re/Max in Fort Lauderdale, FL. If so, “the seller will have to bring cash to cover the difference at closing. If the seller lacks the cash available for this, the buyers will have to either help clear the lien with their own funds or walk away from the deal.”

The post Is There a Lien on My House? How to Do a Property Lien Search by Address appeared first on Real Estate News & Insights | realtor.com®.

 


 

Who Pays the Home Buyer's Agent?

whopaysabuyersagent | homebuyer real estate buyers brokerBoth seller's agent fees and buyer agent's fees are part of a typical real estate transaction and are included in the final negotiated purchase price of the property. There should be no additional fees to the buyer for a buyer's agent above and beyond the negotiated purchase price of a home unless specifically agreed in writing between the buyer and agent before an offer is made.

In most cases, the seller's agent pays the buyer's agent for bringing the buyer, negotiating the purchase price and terms, writing a legally correct offer, coordinating inspections, responses, and financing plus handling numerous additional details on the buyer's side of the transaction.

Buyers should avoid contacting seller's agents and sellers directly unless they are comfortable negotiating and representing themselves. That is why it is important for buyers to choose their agents BEFORE they begin looking at homes or as soon as possible if they have begun looking.

Did you know that fewer than one percent of the agents and brokers in Massachusetts have committed to being 100% loyal to their buyers 100% of the time?

To learn more about the pros and cons of various types of buyer agents, or to get a list of experienced local 100% loyal buyer's agents to interview without obligation, click the button below.

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