Placing a lien on a property — types, steps and what to expect

Answer

Intro: A property lien is a legal claim that secures payment of a debt against real estate. Common types include mechanic’s liens (for construction work or supplies), judgment liens (after a court judgment), tax liens and HOA liens. Each type uses a different filing process and strict deadlines, so identify the correct lien category before you begin.

Main steps (overview): Generally you will: (1) confirm the lien type and any required pre-steps (preliminary notices or a court judgment); (2) prepare the correct lien or abstract form for the county where the property is located; (3) record the document with the county recorder/recorder of deeds or appropriate state office; and (4) serve required notices to the owner and other interested parties. From filing to enforcement, procedures and time limits vary by state and by lien type.

Mechanic’s liens (construction/suppliers): many states require a preliminary notice to preserve lien rights and impose short filing windows after project completion (commonly 30–90 days in many jurisdictions). Prepare a precise lien claim showing the amount owed, property description and claimant details, record it in the county where the property sits, and then follow local service rules. Missing a preliminary notice or the filing deadline can forfeit your lien right.

Judgment, tax and other liens: for a judgment lien you typically obtain a certified abstract of judgment from the court, then record that abstract with the county recorder to create a lien against real property in that county. Tax liens and HOA liens follow statutory procedures set by taxing authorities or association rules and often include separate notice and collection mechanisms. Keep copies of certified documents and recording receipts.

Enforcement and release: a recorded lien can block sales and cloud title and may lead to foreclosure if unpaid (enforcement rules vary). When creditors receive payment, record a lien release or satisfaction with the recorder’s office to clear title. Maintain careful documentation—photos, invoices, court papers and proof of service—to support your claim.

Final note: because filing requirements, fees and deadlines differ sharply by state and county, double-check local recorder procedures and statutory timelines before filing. For complex claims or enforcement actions, it’s advisable to consult a licensed attorney to protect your rights and avoid costly mistakes.