Title & Ownership

Lien

A financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.

Full Definition

A lien is a legal claim against real property that serves as security for a debt or obligation owed by the property owner. If the debt is not repaid, the lienholder may foreclose — forcing a sale of the property to satisfy the debt. Liens are classified as voluntary (the owner agreed to them, like a mortgage) or involuntary (imposed by law, like a tax lien or mechanic's lien). Liens are also general (affecting all of the debtor's property, like a judgment lien) or specific (affecting only a specific property, like a mortgage). Lien priority — determining which lienholder gets paid first in foreclosure — is generally based on the date and time of recording. Property tax liens have superpriority and are paid first regardless of recording date.

Real-World Example

A contractor who completes a $15,000 kitchen remodel and isn't paid can file a mechanic's lien against the property. The lien must be paid before the owner can sell the property with clear title.

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How Lien Appears on the Real Estate Exam

Common question types, tested concepts, and what to watch out for

Know lien priority: property taxes are always first. Mechanic's liens often relate back to the date work started. Voluntary vs. involuntary; general vs. specific. A lis pendens is a notice that a lawsuit involving the property is pending — it is not itself a lien but clouds the title.

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