Title Encumbrances 301: Tax Liens


 Tax Liens: What To Look For & What You Can Do

When buying a home, it’s important to look beyond the surface—and one thing you definitely don’t want to miss is a tax lien. A tax lien is a legal claim placed on a property by a government entity when the owner fails to pay property taxes. While this might sound like the seller’s problem, it can quickly become yours if it’s not resolved before closing.

What Could Occur:

  1. Delayed or Blocked ClosingA property with an unpaid tax lien can’t transfer clear ownership until the debt is paid.
  2. Title IssuesTax liens stay with the property—not the owner—so if you buy a home with a lien, you may inherit the debt.
  3. Foreclosure RiskIf a tax lien goes unpaid, the government can foreclose on the property—even if you’re the new owner.
  4. Reduced Financing OptionsLenders typically won’t fund a mortgage on a property with unresolved liens, which could derail your purchase.

The Solution

  1. Get a Title SearchA title company will uncover any existing tax liens during the transaction process.
  2. Require the Seller to PayThe seller is responsible for clearing the lien before the sale can close. This is usually handled during settlement.
  3. Purchase Title InsuranceTitle insurance protects you from hidden liens that weren’t discovered during the initial search.

A tax lien doesn’t have to stop your home purchase—but it does need to be taken seriously. With proper due diligence and the right professionals on your side, you can avoid inheriting someone else’s tax trouble and move forward with peace of mind.

Have questions about the homebuying process or what to watch for? Let’s connect! I’m here to help you make a confident, informed decision every step of the way.

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