A lien search is a thorough review of public records to identify any liens, encumbrances, or claims against a specific property. It is a core component of the title search process and one of the most important steps in protecting a buyer from inheriting someone else's debts. Because liens attach to the property (not to the person who incurred the debt), any unresolved lien transfers with ownership — meaning the new owner could be held responsible for paying it off.
A comprehensive lien search examines multiple record sources. County recorder's office records reveal mortgages, deeds of trust, and financing statements. Court records show judgment liens, lis pendens (pending lawsuits), and federal tax liens. Tax collector records identify unpaid property taxes and tax liens. County clerk records may show mechanic's liens and construction liens. Municipal records can reveal code violation liens and special assessment liens. HOA records (obtained through the estoppel letter) disclose association liens for unpaid dues.
The lien search also checks for liens against the property owner individually — not just against the property. A judgment against the seller personally may have attached to any property they own in the county, even if the judgment had nothing to do with the property being sold. Similarly, IRS tax liens and state tax liens can attach to all property owned by the taxpayer. The title examiner searches under the seller's name (and any known aliases) to identify these personal liens.
Any liens discovered must be resolved before or at closing. The most common resolution is payoff from the seller's proceeds — the settlement agent obtains payoff figures from each lienholder, withholds the amounts from the seller's proceeds, and disburses payments directly to the lienholders. After payoff, the lienholder issues a release or satisfaction that is recorded to clear the lien from the title.
At Beycome Title, our lien search is thorough and timely. We search all applicable jurisdictions and record types immediately upon receiving a contract, identifying every lien early so there are no surprises at closing. If an unexpected lien is discovered, our team works proactively with the seller, their attorney, and the lienholder to resolve it before the closing date. Get your free title quote and experience our comprehensive approach to lien protection.