Types of liens on real estate.

Occasionally at the closing or escrow table the subject of liens against a piece of real estate comes as a surprise to either the buyer of seller. What they are and mean to either party is explained below. You should have a good understanding of the types of liens involved with real estate. Consult an experienced real estate attorney for lien information specific to your state.

-A lien is a legal recorded claim against a property. The claim encumbers the property as a means to collect money owed, such as a mortgage, property taxes, or an unpaid debt owed to a contractor who performed work on the property. There are other reasons liens are recorded against a property.

-Equitable lien. When a property is held as collateral and the parties agree in a document, that the property is used to secure the debt.

-General liens. These liens all real estate and personal property. Court ordered judgments, probate actions, and IRS taxes fall under this category.

Judgment lien. This is the result of an action by a party or government agency through a court of law to collect payment on a claim.

-Involuntary lien. State statues create real estate property taxes. These taxes are a claim against the property and the property owner assumes the statue when purchasing a home. Unpaid taxes can result in a specific involuntary lien.

-Specific liens. Special assessments and mechanics liens fall into this category. Unpaid contractors from home repair and remodeling projects can file a specific lien. Homeowner associations and local governing bodies can issue special assessments for repairs and improvements. Failure to pay these special assessments can result in lien being placed against a property.

-Voluntary lien. When you have a mortgage and voluntarily agree that the mortgage lien is security for the lender in case you default on a mortgage loan.