The short answer
A lien is a legal claim against a property for a debt. Most are recorded with the county where the property sits, so you can find them by searching the county recorder's or clerk's online index by the owner's name or the parcel number. To get a complete picture, check four places:
- The county recorder or clerk, for mortgages, judgment liens, mechanic's liens, HOA liens, IRS liens on real estate and releases
- The county treasurer or tax collector, for unpaid property taxes
- The state court case search and PACER, for pending lawsuits, foreclosures and bankruptcies
- The HOA or condo association, for unpaid dues
If you're buying, a title company will do all of this for you, and an owner's title insurance policy protects you if something is missed.
Types of liens, and which come first
The general rule is "first in time, first in right": liens rank by the date they were recorded. A few kinds jump the line.
| Lien | Where it's recorded | Priority |
|---|---|---|
| Property tax | Arises automatically; check the tax collector | Usually ahead of everything, including older mortgages |
| Special assessments, PACE loans | Collected with property taxes | Usually senior, like property tax |
| Mortgage | County recorder | By recording date |
| IRS federal tax lien | County recorder (real estate) or Secretary of State (personal property) | Behind local property taxes; behind earlier-recorded mortgages |
| Judgment lien | County recorder (abstract of judgment) | By recording date |
| Mechanic's lien | County recorder | Varies; can relate back to when work started |
| HOA or condo lien | County recorder (claim of lien) | Usually junior; partly senior in "super-lien" states |
| Child support lien | Arises by law; recording rules vary by state | Varies |
Two of these deserve more explanation:
- Property taxes beat the IRS. Federal law (26 U.S.C. § 6323(b)(6)) says a federal tax lien doesn't take priority over local real property taxes, special assessments for public improvements or charges for utilities and public services. In Texas, the tax lien outranks other liens "whether or not the debt or lien existed before" it. That's why unpaid property tax is the most dangerous lien a house can have. See what happens if you don't pay property taxes.
- HOA super-liens. In some places, part of an HOA's lien outranks the first mortgage. In Nevada it's up to nine months of assessments. In D.C. it's six months of condo assessments. Florida HOA liens relate back to the original declaration, but a lender who forecloses owes at most 12 months of past-due dues or 1% of the original loan.
How to search, step by step
1. County recorder or clerk
Every county keeps an index of recorded documents. Search by the owner's name as grantor and grantee, and by parcel number or address where the site allows it. Look for mortgages, liens and lis pendens, and for the matching release or satisfaction for each one. An old mortgage with no recorded release is a red flag even if it was paid off.
Searching is usually free; copies cost a little. Some examples:
- Cook County, Illinois: search by address, PIN or name and view document summaries for free. Online copies go back to 1985. A free Property Fraud Alert emails you when something is recorded against your PIN.
- Los Angeles County: certified copies are $6 for the first page and $3 for each additional page.
- Harris County, Texas: the online index has images back to 1960, with free watermarked copies for documents filed since 2000. New filings take one to two business days to appear, and there's a free property alert service.
- Miami-Dade County: the basic Official Records search is free without registering.
2. County treasurer or tax collector
Search by parcel number or address to see whether property taxes are current, whether there are delinquent years, and whether a tax lien certificate has been sold. This is the lien you're least likely to see in the recorder's index, because property tax liens attach automatically.
3. Courts
- State or county court search: judgments not yet recorded, foreclosure suits, divorces or probate cases involving the property.
- PACER for federal courts and bankruptcy. It costs $0.10 a page, capped at $3 per document, and fees are waived if you run up $30 or less in a quarter.
4. Everything else
- HOA: ask for an estoppel or resale certificate showing what's owed.
- City code enforcement and utilities: unpaid fines and water or sewer bills can become liens.
- Secretary of State UCC search: for business owners, and for some solar equipment financing.
- IRS: there's no public federal tax lien database. Notices are filed in the county or state records above. If it's your own property, the IRS Centralized Lien Operation (800-913-6050) can confirm a lien and give a payoff amount.
Why a DIY search can miss things
- Name variations: misspellings, middle initials, maiden names and "Jr."
- Indexing lag: recent filings can take days or weeks to appear online.
- Coverage gaps: older records may not be online, and some county sites say their database isn't the official record.
- Unrecorded liens: property taxes and child support can exist without anything recorded.
- Late mechanic's liens: a contractor can record months after the work. In Texas, until the 15th day of the third month (residential) or fourth month after the work ended.
When to get a professional title search
For any purchase with a mortgage, the lender will require a title search and a lender's title policy, which you usually pay for and which protects only the lender. The owner's policy is optional, but it protects your equity against problems from before you bought, "such as unpaid taxes or unpaid contractor work," in the CFPB's words. Buying both from the same company usually costs less, and the CFPB says shopping for title services can save as much as $500.
In Texas, where the state sets title insurance rates, the basic premium for 2026 is $1,768 on a $300,000 policy and $2,262 on $400,000. Rates and rules vary by state, so ask for quotes.
A professional search is worth paying for even without a sale if the property was inherited, bought at a tax deed sale, sold by owner, or if your own search turns up an unreleased lien.
How to get a lien removed
- Pay it and get the release recorded. Then check the recorder's index to make sure the release actually shows up.
- IRS liens: the IRS must release a federal tax lien within 30 days after the debt is paid in full or becomes unenforceable. IRS Publication 1450 explains how to request the certificate of release. If you're selling and the proceeds won't cover the whole debt, apply for a discharge of the property on Form 14135 at least 45 days before closing.
- Mechanic's liens that expire: in California, a contractor has to sue within 90 days of recording or the lien becomes unenforceable. In Florida, a lien lasts one year unless a suit is filed, and an owner can shorten that to 60 days by recording a Notice of Contest of Lien.
- Bonding off: if you dispute a mechanic's lien and need clear title now, you can replace it with a bond. California requires 125% of the claim. In Florida it's the lien amount plus three years' interest plus the greater of $5,000 or 25%.
- Fraudulent liens: Texas lets an owner ask a district judge to declare a lien fraudulent, with no filing fee. In Florida, a willfully exaggerated lien is unenforceable and filing one is a felony.
Selling a house with a lien
Most liens are simply paid off at closing. The title or escrow company orders payoff statements, pays each lienholder from the seller's proceeds and records the releases. FHA buyers have one extra rule: under a June 2026 HUD rule, the seller must pay off any PACE assessment at or before closing. If the sale won't cover all the liens, you'll need the lienholders to agree to take less, or a discharge like the IRS one above.
If your problem is overdue property tax, deal with it first. Those penalties grow fastest, and the county can sell the debt or the house. See tax lien vs. tax deed and, for seniors, property tax deferral programs.
Related guides: federal tax liens on your house.
Sources
Federal tax lien rules are from 26 U.S.C. §§ 6321, 6323 and 6325 and IRS pages and Publications 1450 and 783. Title insurance guidance is from the Consumer Financial Protection Bureau, and Texas rates from the Texas Department of Insurance (effective March 1, 2026). State lien rules are from Tex. Tax Code § 32.05, Tex. Prop. Code § 53.052, Tex. Gov't Code § 51.903, Fla. Stat. §§ 713.22, 713.24, 713.31 and 720.3085, Cal. Civ. Code §§ 8412, 8424 and 8460, and Nevada Real Estate Division guidance. Recorder details are from the Cook County Clerk, Los Angeles County Registrar-Recorder, Harris County Clerk and Miami-Dade Clerk websites; PACER fees from uscourts.gov; and the PACE rule from HUD Mortgagee Letter 2026-07. This is general information, not legal advice.