Are you selling a house with a lien in Houston? If you have just found out about a lien, you may be wondering what does a lien on a house mean? Or maybe you are concerned and want to see how to check on a lien on a house. Liens are difficult because if you don’t have the money to pay off the debt, you could be stuck with the property for much longer than you would like. In today’s article, we will discuss what a lien on a house means, who can put a lien on your house, what you can do to remove a lien, and what you can do to sell your house with a lien on it.
Read on to find out about liens in today’s article brought to you by the Brilliant Day Homes Team!
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What Is A Lien?
A property lien is a legal claim on assets which allows the holder to obtain access to the property if debts are not paid. A property lien must be filed and approved by a county records office or state agency. It is then delivered to the property holder with specific terms notifying them that action has been taken to repossess a piece of property.
Simply put- a lien is a financial claim placed by a person or a company, which prevents you from selling the property until they receive their payment.
What Does A Lien On A House Mean?
For real estate, an example is that a lender may place a lien on the house if you are not paying in a timely manner. Homeowners can also be hit with a mechanic’s lien or a judgment lien when work is performed on the property without any payment ever received. If the homeowner isn’t able to pay off the lien, the issuing party has the ability to foreclose on the property. By placing a lien on the property, the creditor stops your ability to sell the house until the debt has been repaid.
Who Can Put A Lien On Your House
Can a HOA put a lien on your house?
Homeowners associations (HOAs) have the ability to put a lien on your property. Unfortunately, unpaid HOA dues and other fees will prompt most stern HOAs to take action against you.
Can a contractor put a lien on your house?
A contractor or subcontractor could put a lien on a house. If they are performing work on your property and claim that they have not been paid for the work, they can put a mechanics lien on your home. This is most unfortunate in situations where a general contractor doesn’t pay a subcontracted company. Here the subcontractor can put a lien on your property as their best option to be able to collect money they weren’t paid.
Pro Tip: If you are having any work done on your home make sure you have the contractor and subcontractors sign a lien release before the final payment is made. The release must be notarized for the county to accept it. Consider meeting your contractor at a local bank to make the final payment and have the lien release notarized.
Can you get a tax lien on your house?
You can have tax liens from 3 different levels of government – federal, state, and city/county. Unpaid taxes can prompt any of the levels of government to take action and place a lien on your property. Each level of government is independent, meaning that if you have unpaid taxes at all three levels you could end up with 3 separate tax liens on your home.
Can a collection agency put a lien on your house?
A judgement creditor may be able to get a lien against your house.
Will I be notified when a lien is put on my house?
You likely won’t be notified in a traditional sense that a lien has been put on your property. It is more likely that you will have received nonpayment notices and documents showing a lawsuit has been filed in court.
How Can I Find If I Have A Lien On My House In Houston?
No matter, where you are, you have three ways you can find out if you have a lien on your property
How to check on a lien on a house:
- Search county recorder, clerk, or assessor’s office online
- Search county recorder, clerk, or assessor’s office in person
- Contact a title company
How To Remove A Lien On Your House
Repay The Debt
While paying off everything you owe all in one shot can feel overwhelming, many creditors will work with you to create a payment plan to help you pay off your debt. Before you feel too defeated, reach out to the creditor to try to work something out. Ultimately, their goal is simply to collect what they are owed. Making an effort will help your creditors more forgiving and willing to work with you. Once the liens are lifted from the property, you will be able to sell your house, but this can take a considerable amount of time depending on how much debt you are in. When working to pay off the debt, it could mean that you end up holding onto your house for longer than you wanted to.
Dispute The Lien
If a lien has been issued against your property that you disagree with, you have the ability to dispute the lien so long as you have a strong rebuttal. You’ll need to have supporting documentation and a valid case against the creditor. To strengthen your case, you’ll want to start fighting the lien as soon as it is placed against your home, if not before. Ultimately, you want to do all you can to make sure a lien isn’t placed on your property in the first place. Typically, there are a number of requirements a creditor must meet before issuing a lien, so keep in mind, they have already done their homework on what they are rightfully owed.
Pro Tip: If you are disputing a lien based on poor performance by your contractor, keep detailed records of what you were promised, what you received, and all of the money you spent to fix the errors. Be sure to include inspection records, dates, and photos with your other evidence.
Can I Sell My House With A Lien In Houston?
Selling a house with a lien in Houston isn’t straightforward if you don’t have the experience. A lien will need to be removed from the title before it can be transferred. As we discussed before, a lien is something that is used to protect someone that you may owe money to. When you work with Brilliant Day Homes we will work to negotiate with your creditors to secure a full or partial release of the lien, sometimes for pennies on the dollar!
Sell To A Houston Home Buyer
With a direct sale of your house to Brilliant Day Homes, you will be able to leave the liens and tax problems behind. You won’t have to find the money to pay off liens or to pay off your back taxes. We will handle all of the debts, while quickly and efficiently buying your property for an excellent price. All of the hassles and headaches could be over in only a matter of days, allowing you to sell your house with liens or tax problems fast in HOUSTON!
Consequences of Not Resolving Your Liens and Tax Problems
Ultimately, if certain liens go unresolved you run the risk of losing your home. When liens go unpaid, the creditor has the ability to foreclose, assuming ownership of the property themselves. If you have a lien on your house or if you have problems paying the property taxes, you will want to take action right away. Reach out to your creditors to resolve the situation, or work with the team at Brilliant Day Homes to sell your house right away.