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How to Find Liens on a Property: A Step-by-Step Guide

Please note: The Law Offices of Mark A. Bandy, PC serves clients throughout Savannah, Georgia and the surrounding Southeast Georgia communities only. If you live in our service area and need help now, call (912) 509-7015 for a free consultation.

Have you received a letter about a judgment and wondered whether it could attach to your home? Are you about to buy, sell, or refinance and want to be sure nothing is hiding in the property’s history? Not knowing whether a lien exists is one of the most unsettling parts of owning real estate, and the good news is that finding out is usually more doable than people expect.

Key Takeaways

  • A lien is a legal claim against property that secures payment of a debt, and it can limit your ability to sell or refinance until it is resolved.
  • In Georgia, many liens are recorded with the Clerk of Superior Court in the county where the property sits, which makes the county’s records the best starting point.
  • A professional title search is the most thorough way to find liens, while a do-it-yourself records search can be a useful first step.
  • Judgment liens, tax liens, mortgage and home equity liens, and contractor liens are the most common types homeowners run into.
  • Some liens can be removed or reduced, including certain judgment liens in bankruptcy, but the answer depends on your specific facts.

What a Lien Is and Why It Matters

A lien is a legal claim placed on your property by someone you owe money to, or by a government agency, to make sure the debt gets paid. Think of it as a hook on the title of your home: the property can still be yours, but the creditor’s claim stays attached until the debt is paid off, settled, or otherwise removed by law.

The reason liens matter is timing. Most buyers, lenders, and title companies will not move forward until every lien on a property has been identified and cleared. A lien you did not know about can delay a closing, derail a refinance, or surface at the worst possible moment, often when you are trying to sell and need the equity to buy somewhere else.

The Most Common Types of Liens

Knowing what you are looking for makes the search easier. These are the types we see most often with homeowners in Savannah and the surrounding area:

  • Mortgage or security deed. This is the lien your own lender holds on the home. In Georgia, lenders typically use a security deed rather than a deed of trust, and it is recorded in the county land records.
  • Judgment lien. When a creditor sues you and wins a court judgment, the judgment can become a lien on your property once it is properly recorded. A judgment, in plain English, is a court’s official decision that you owe a specific amount.
  • Tax lien. Unpaid property taxes, and in some cases unpaid state or federal taxes, can result in a lien against the property.
  • Contractor or materialman’s lien. A contractor, subcontractor, or supplier who was not paid for work or materials on your home may record a lien to secure payment.
  • Homeowners’ association lien. If your neighborhood has an association, unpaid assessments can become a lien on the home.

Step-by-Step: How to Search for Liens Yourself

A basic search will not replace a professional title examination, but it can quickly tell you whether there is anything you should be worried about. Here is a practical order of operations:

  1. Gather the basics. You will need the property’s street address, the legal owner’s name as it appears on the deed, and, if you have it, the parcel or tax identification number. These details are on your deed, your closing paperwork, or your property tax bill.
  2. Start with the county records. In Georgia, deeds, security deeds, and most liens are recorded with the Clerk of Superior Court in the county where the property is located. For a home in Savannah, that is the Chatham County clerk. Many Georgia counties’ real estate records are searchable through an online index maintained by the Georgia Superior Court Clerks’ Cooperative Authority, though access and fees can vary, so you may also be able to search in person at the clerk’s office.
  3. Search the general execution docket. Judgment liens are typically recorded on the general execution docket, an index kept by the clerk. Search it under your name, and under any prior names you have used, since a lien can be filed against the person rather than the address.
  4. Check the tax commissioner and assessor. Your county tax commissioner can tell you whether property taxes are current, and unpaid taxes are a common source of liens.
  5. Review your own records. Look through old court papers, collection letters, and notices. A suit you never responded to is a common way for a judgment, and then a lien, to appear.
  6. Consider ordering a title search. A title company or real estate attorney can run a full search of the property’s recorded history and report everything that affects ownership.

When a Professional Title Search Makes Sense

A do-it-yourself search is a fine first look, but records can be spread across multiple indexes, and a lien may be recorded under a slightly different spelling of a name or an older owner. A title search is generally worth the cost when you are buying a property, refinancing, selling in a hurry, or when you have already been sued by a creditor and want to know where you stand.

A title search typically traces the property back through its chain of ownership and lists every recorded claim that affects it. That report gives you a clear list of what needs to be paid, negotiated, or challenged before a transaction can close.

What to Do If You Find a Lien You Did Not Expect

Finding a surprise lien is stressful, but it is not the end of the road. Start by identifying who recorded it, the amount claimed, and the date. Then ask three questions: Is the debt actually yours? Is the amount correct? And is the lien still valid, since some liens expire or can be released after the debt is paid?

From there, the options generally include paying the debt and obtaining a recorded release, negotiating a payoff or settlement with the creditor, disputing the lien if it was filed in error, or, in some situations, asking a bankruptcy court to remove it. A judgment lien that impairs an exemption, which is a legal protection for a certain amount of your property, may be avoidable in bankruptcy, but whether that applies to you depends on the type of lien, the value of your home, and your overall financial picture. Results can never be promised, and the right path is something to talk through with an attorney who can look at your documents.

The Bottom Line

Finding liens on a property comes down to knowing where to look: the county’s recorded land records, the general execution docket, and your tax records, followed by a professional title search when the stakes are high. Catching a lien early gives you more time and more options than discovering it at the closing table. If a lien is already causing you stress, remember that a lien is a legal claim, not a verdict on you, and there are real, lawful ways to address many of them.

Frequently Asked Questions

Can I find liens on a property online for free?

Sometimes. Some county tax offices and clerks offer free lookups for limited information, while full record searches through statewide indexes may involve a fee or subscription. Visiting the clerk’s office in person is another option.

Where are liens recorded in Georgia?

Most are recorded with the Clerk of Superior Court in the county where the property is located. Judgment liens are typically recorded on the general execution docket, which is also kept by the clerk.

Will a lien show up on my credit report?

Not always. Many liens are public record rather than credit report entries, which is why checking county records matters even if your credit report looks clean.

Can I sell a home that has a lien on it?

Often yes, but the lien usually must be paid or otherwise resolved at closing, typically out of the sale proceeds. A title company will insist that the lien be addressed before the sale is finalized.

Can bankruptcy remove a lien from my home?

In some situations, yes. Certain judgment liens can be avoided when they impair an exemption, though secured liens like a mortgage generally survive unless paid. An attorney can review your specific liens and tell you what may be possible.

How long does a title search take?

It varies by county and the age of the property, but many are completed within days. If a sale or refinance is on a deadline, ask about timing before you order.

Ready to talk through your options? You don’t have to sort this out alone, and you don’t have to decide anything today. Call the Law Offices of Mark A. Bandy, PC at (912) 509-7015 to schedule a free consultation, or reach out online and a member of our Savannah team will follow up with you directly.

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