Types of Liens to Know Before Purchasing Real Estate

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Purchasing real estate is an exciting venture, whether you’re investing in your dream home or expanding your property portfolio. However, liens are key factors that can impact the process of any property transaction. Understanding the types of liens on a property is important to avoid unexpected financial and legal complications.

Property Tax Liens

Property tax liens arise when a property owner fails to pay their real estate taxes. Local governments impose these liens to recover unpaid taxes, and they take priority over most other claims. In Florida, keeping the property free from tax liens is a necessary step before completing any real estate transaction.

Property tax liens can have significant financial implications. For instance, if you unknowingly purchase a property with an outstanding tax lien, you might be responsible for clearing the debt.

Municipal Utility and Special Assessment Liens

Utility liens occur when a property owner neglects to pay municipal utility bills, such as water, sewer, or trash services. These liens are enforced by local governments and remain attached to the property until the debt is resolved. 

Similarly, special assessment liens arise when a property benefits from public projects, like new roads or sewer systems, and the municipality levies a fee for those improvements. While these liens are less common than property tax liens, they can still pose challenges during the closing process.

Mechanic’s Liens

A mechanic’s lien is a claim filed by contractors, subcontractors, or suppliers who haven’t been paid for work or materials provided to improve the property. This type of lien can complicate property transactions, especially if work was recently done on the property. 

Code Enforcement Liens

In Florida, municipalities issue code enforcement liens when properties violate local codes or ordinances. These could include anything from failing to maintain landscaping to unauthorized construction. Such liens often come with hefty fines that accrue over time, making them a financial burden for prospective buyers.

Working with a lien search expert can help uncover code enforcement violations and provide clarity on any penalties tied to the property.

Judgment Liens

Judgment liens arise when a court rules against a property owner in a lawsuit, ordering them to pay damages to the plaintiff. If the owner fails to pay, the lien is placed on their property as collateral. These liens can apply to any real estate owned by the debtor in the jurisdiction where the judgment was made.

Open and Expired Permit Liens

In Florida, construction and renovation projects often require permits from local authorities. If a project is left incomplete or permits are not closed properly, it can result in liens or other legal issues. An open or expired permit can prevent you from obtaining financing or moving forward with improvements.

If you need a trusted property lien search, our team at Florida Lien Search, Inc. provides accurate results. We help you access comprehensive lien services to uncover hidden claims and provide clear, actionable information. Your first lien search is always free, and the team is here to guide you every step of the way. Contact us today!