Yes, you can transfer property with a lien on it. A lien does not create a legal prohibition on selling or transferring real estate. However, the lien stays attached to the property after the transfer β not to the original owner β which means the new owner inherits the debt obligation. Under the legal doctrine of constructive notice, if a lien is properly recorded before the sale, the buyer is deemed to have been aware of it, even if they had no actual knowledge.
The governing principle is straightforward: 26 U.S.C. Β§ 6321 (for federal tax liens) and parallel state statutes allow liens to survive a change of ownership. The U.S. Supreme Court confirmed in United States v. Bess, 357 U.S. 51 (1958), that the transfer of property after a lien attaches does not affect the lien. This creates an immediate financial risk for any buyer, heir, or family member who receives property without resolving the lien first.
Here’s a striking number: approximately 98% of property owners with tax liens redeem them before foreclosure, which means most homeowners eventually pay β but the 2% who don’t risk losing their homes entirely.
Here’s what you’ll learn in this article:
- π The exact types of liens that follow a property after transfer β and which ones takeΒ priorityΒ over your mortgage
- βοΈ How federal and state laws treat lien transfers differently depending on the deed type you use
- π Three real-world scenarios showing what happens when property changes hands with an active lien
- π« The costly mistakes people make when transferring property with a lien (and how to avoid them)
- π Step-by-step options for removing, discharging, or bonding off a lien before or during a property transfer
What Is a Lien on Property?
A lien is a legal claim placed against real property to secure a debt or obligation. It does not change who owns the property. It tells the world that someone else has a financial interest in that property until the debt is paid.
Liens are recorded with the county recorder’s office in the county where the property sits. Once recorded, the lien becomes part of the public record and shows up on any title search. A potential buyer, lender, or title company will see the lien and typically refuse to proceed until it is resolved.
There are two broad categories: voluntary liens and involuntary liens. A voluntary lien is one you agree to, such as a mortgage. An involuntary lien is placed on your property without your consent, often because of unpaid debts, unpaid taxes, or a court judgment. In rare cases, a lien can be valid even if it is unrecorded, though this is uncommon.
Types of Liens That Affect Property Transfers
Mortgage Liens
A mortgage lien is the most common type of voluntary lien. When you borrow money to buy a home, the lender places a lien on the property as collateral until the loan is paid in full. If you default on payments, the lender can foreclose. Mortgage liens are typically released once the loan balance is paid in full, and they usually take priority over most other liens except tax liens.
In a standard home sale, the mortgage lien is paid off at closing from the sale proceeds. The title company uses the buyer’s funds to pay the lender, release the lien, and send the seller the remaining balance. This happens in almost every residential real estate transaction and is considered routine.
The complication arises when the mortgage balance exceeds the home’s market value β known as an underwater mortgage. In that case, the seller cannot cover the full loan amount from the sale and must pursue alternatives like a short sale. An underwater mortgage occurs when you owe more on the loan than the home’s current fair market value, and selling under these conditions means the lender takes a loss.
Federal Tax Liens
A federal tax lien is one of the most powerful involuntary liens in existence. Under 26 U.S.C. Β§ 6321, when a taxpayer fails to pay federal taxes after the IRS sends a notice and demand for payment, a lien automatically attaches to all of the taxpayer’s property β including real estate, vehicles, bank accounts, and even future-acquired property.
The IRS then files a Notice of Federal Tax Lien (NFTL) with the local or state recording office to put other creditors on notice. The critical point is that the lien arises at the moment of assessment, not when the NFTL is filed. The NFTL simply establishes the IRS’s priority against other creditors. This is why the federal tax lien is sometimes called a “silent lien” or “secret lien” β it exists before anyone knows about it.
If you transfer property after a federal tax lien attaches, the lien remains on the property and is enforceable against the new owner. The IRS can pursue the property even if it has changed hands multiple times. The lien continues until the liability is paid in full or the 10-year statute of limitations on collection expires. Under 26 U.S.C. Β§ 6323(f)(1)(A)(i), the lien is not valid against a purchaser or certain lien creditors until the NFTL is properly filed β so the filing date is critical for priority disputes.
State and Local Property Tax Liens
When you fall behind on property taxes, the state or local government places a tax lien on your home. Property tax liens are super-priority liens β they take precedence over all other liens, including your mortgage, regardless of when they were filed. This makes them the most dangerous type of lien for mortgage lenders.
In 2024, American homeowners paid an average of $4,172 in property taxes per single-family home, with a total of $357.5 billion in property taxes levied nationwide. When these go unpaid, governments can sell the tax lien to investors or even force a sale of the property to recover the debt. No sale of the property can occur until the tax lien is paid in full.
The states with the highest effective property tax rates in 2024 were Illinois (1.87%), New Jersey (1.59%), Connecticut (1.48%), Nebraska (1.32%), and Ohio (1.31%). Homeowners in these states face the greatest risk of tax lien complications during a property transfer.
Mechanic’s Liens
A mechanic’s lien protects contractors, subcontractors, and material suppliers who perform work or provide materials for a property improvement but don’t get paid. If a homeowner hires a roofer and refuses to pay, that roofer can file a mechanic’s lien against the property. Importantly, mechanic’s lien statutes provide recourse to parties who may not be in a direct contract with the property owner β a subcontractor can often lien the property even if they were hired by the general contractor.
Mechanic’s lien laws vary widely by state. In California, a general contractor must file within 90 days of project completion. In Arizona, the deadline is 120 days. In Missouri, subcontractors have six months from the last date worked to file. Missing these deadlines means losing the right to lien entirely, even if the debt is legitimate.
In some states, mechanic’s liens can take priority over previously recorded liens, including the mortgage. This happens in states where the lien “relates back” to the date work began, not the date the lien was filed. In most states, all mechanic’s lien claims on one project have the same priority regardless of when each claim was recorded. This is a critical detail for anyone buying property where construction work was recently performed.
A research study by the Federal Reserve Bank of Philadelphia found that mechanic’s liens were filed against less than 0.1% of single-family properties in Philadelphia over a 10-year period. About 80% of those liens were filed by contractors against properties with median values above $239,500.
Judgment Liens
A judgment lien results from a court ruling. If a creditor sues you and wins, the court awards a money judgment. The creditor can then record that judgment as a lien against your real property. In some states, judgment creditors can also lien personal property like cars, boats, and furniture.
Under California Government Code Β§ 27280(a), any judgment affecting title to real property may be recorded. Once recorded, the lien remains on the property after transfer and is enforceable against future owners. The lien remains binding even after ownership changes, and parties who acquire a subsequent interest take the property subject to the lien.
In some extreme cases, the judgment creditor can move to foreclose on the lien, forcing a sale of the property. Real property cannot be transferred to a new owner without removing a judgment lien through payment of the money judgment owed.
HOA Liens
If you live in a community governed by a homeowners’ association, failing to pay HOA fees or special assessments creates an automatic lien on your property. According to the Community Associations Institute, approximately 73.5 million people in the U.S. live in HOA or condominium communities. The lien attaches without the HOA needing to go to court first.
What makes HOA liens dangerous is the super lien status they hold in some states. Currently, 24 states are considered super lien states, meaning the HOA can take first lien position ahead of the mortgage lender if dues become delinquent. In states like Nevada, an HOA super lien foreclosure can actually eliminate a first mortgage entirely. This means the mortgage lender loses their security interest in the property β a devastating outcome.
Even in non-super-lien states, HOA foreclosure risk is not eliminated. State laws, individual CC&Rs, and HOA governing documents can still give associations the right to foreclose. Some states impose due process requirements, such as a minimum debt amount before the HOA can foreclose or a minimum waiting period for the homeowner to catch up.
Child Support and Alimony Liens
If a parent falls behind on court-ordered child support or alimony, the custodial parent or state agency can place a lien on the obligor’s real property. Most states allow liens to be imposed when court-ordered support payments are missed, and in many cases, no minimum arrearage threshold is required.
The lien remains in place until the child is no longer entitled to support and all arrears are paid in full. The custodial parent can force a sale of the property or wait until it is sold and collect from the proceeds. States like Illinois, Indiana, and Wisconsin have enacted legislation making it easier to enforce child support liens against real property.
Child support liens can also be placed on vehicles, bank accounts, business assets, and personal property. All states are required to maintain a “data match system” where financial institutions provide account information on clients who have past-due support obligations, allowing the state to locate and lien assets.
Lien Priority: Who Gets Paid First?
When a property has multiple liens, lien priority determines which creditor gets paid first from the sale proceeds. The general rule is “first in time, first in right” β the lien recorded earliest has superior status. A first-priority lien gets paid in full before any lower-priority liens see a dime.
But this rule has important exceptions that can upend the expected order:
| Lien Type | Priority Rule |
|---|---|
| Property Tax Liens | Always first priority, regardless of recording date |
| First Mortgage | Priority based on recording date; usually second after taxes |
| HOA Super Liens (24 states) | Can take priority over first mortgage for limited assessment amounts |
| Mechanic’s Liens (some states) | May “relate back” to date work began, jumping ahead of later-recorded liens |
| Federal Tax Liens | Follow “first in time” rule but must be properly filed to establish priority |
| Judgment Liens | Follow “first in time” rule; paid after senior liens |
The U.S. Supreme Court confirmed in United States v. City of New Britain, 347 U.S. 81 (1954), that the first-in-time rule applies to federal tax liens unless a competing lien is “choate” (specific and perfected) before the tax lien arises. A choate lien means the lien is attached to specific property and nothing more needs to be done to perfect it.
If a senior lienholder forecloses, it wipes out any junior liens β even if those junior liens don’t get paid in full from the foreclosure sale. This is why lien priority matters so much in distressed property situations.
How Different Transfer Methods Handle Liens
Selling Property With a Lien (Standard Sale)
In a traditional sale, the title company runs a title search to uncover any liens on the property. The seller is then required to disclose known issues to the buyer through a property disclosure statement. This transparency ensures the buyer knows about any financial or legal obligations tied to the property.
At closing, liens are paid off from the sale proceeds. The title company distributes funds to each lienholder in order of priority before the seller receives anything. If the proceeds don’t cover all liens, the seller must bring additional funds to closing or negotiate with lienholders for a reduced payoff.
A prudent buyer will obtain a title insurance policy that protects against undiscovered liens. Title insurance doesn’t prevent liens from existing β it compensates the buyer if a lien was missed during the search. Buyers are unlikely to proceed with a purchase until all title issues are resolved, and lenders will not approve mortgages for properties with unsettled liens.
Quitclaim Deed Transfers
A quitclaim deed is the simplest and fastest way to transfer property. It’s commonly used between family members, in divorces, or to clear up title issues. However, a quitclaim deed offers zero guarantees about the property’s title. The grantor transfers whatever interest they have β if any β without promising the property is free from liens or other claims.
The grantee (recipient) has no legal recourse against the grantor if liens surface later. If a creditor has a lien against the property for unpaid debts of the grantor, the creditor can enforce that lien and the grantee could potentially lose the property.
Getting title insurance on property transferred by quitclaim deed is difficult or impossible in most cases. This means the recipient has no financial safety net if hidden liens appear. Quitclaim deeds can also trigger tax consequences β the transfer may be treated as a gift, potentially subjecting it to gift tax. Unlike a warranty deed, which includes a guarantee that the grantor has clear title, a quitclaim deed shifts all risk to the person receiving the property.
Transferring Property Into a Trust
Transferring property into a revocable living trust is a standard estate planning strategy to avoid probate. You can transfer property with a lien into a trust β the lien is not affected by the trust and remains attached to the property. Because you typically name yourself as trustee of a revocable trust, you still maintain complete control over the assets, and for legal purposes, you’re treated as the owner.
The critical concern here is the due-on-sale clause. Most mortgages contain language that makes the entire loan balance due if the property is sold or transferred. Fortunately, the GarnβSt. Germain Depository Institutions Act of 1982 (12 U.S.C. Β§ 1701j-3) protects certain transfers from triggering this clause.
Under GarnβSt. Germain, a transfer into an inter vivos (living) trust where the borrower remains a beneficiary does not trigger the due-on-sale clause, as long as the property contains fewer than five dwelling units and the transfer does not relate to a change in occupancy rights. Other protected transfers include:
- A transfer to aΒ spouse or childrenΒ of the borrower during the borrower’s lifetime
- A transfer by devise, descent, orΒ operation of law on the deathΒ of a joint tenant
- A transfer resulting from aΒ divorce or legal separationΒ agreement
However, GarnβSt. Germain does not protect transfers into an LLC or other business entity. If you move mortgaged property into an LLC, the lender can demand full repayment immediately.
Inheritance and Death Transfers
When someone dies and their property passes to an heir, the lien does not disappear. The heir inherits the property along with any existing liens. If the deceased had a mortgage, the mortgage lien remains on the property. If there was a tax lien, the heir now faces that obligation.
The GarnβSt. Germain Act protects heirs in this situation. A transfer by devise, descent, or operation of law on the death of a borrower does not trigger the due-on-sale clause. This means the heir can keep the existing mortgage terms without the lender demanding full payoff. However, the heir must continue making payments or face foreclosure.
Short Sales
A short sale occurs when a homeowner sells the property for less than the outstanding mortgage balance, with the lender’s approval. The lender agrees to accept less than what is owed because the alternative β foreclosure β is often costlier and more time-consuming.
If the property has multiple liens, all lienholders must agree to the short sale. If three mortgage liens exist, all three lenders must approve. This makes short sales complicated and time-consuming β the process can take up to four months or longer.
A short sale typically impacts the seller’s credit by 50 to 150 points, compared to foreclosure, which can drop a credit score by 200 to 400 points. Forgiven mortgage debt may also be treated as taxable income, so consulting a tax professional is essential. The sale must be an arm’s length transaction β meaning no involvement from family members or close associates.
Three Real-World Scenarios
Scenario 1: Selling a Home With a Judgment Lien
Maria wants to sell her home, valued at $350,000. She has a $200,000 mortgage and a $40,000 judgment lien from a lawsuit she lost. At closing, the title company pays the mortgage first, then the judgment lien from the proceeds.
| Step | Result |
|---|---|
| Home sells for $350,000 | Buyer pays full purchase price |
| Mortgage lien paid ($200,000) | Lender releases mortgage lien |
| Judgment lien paid ($40,000) | Creditor releases judgment lien |
| Maria receives ~$110,000 | Remaining proceeds go to seller (minus closing costs) |
Maria does not need to pay the judgment lien before listing the home. The lien gets resolved at closing through the title company. If the judgment lien exceeded her equity, she would need to negotiate a reduced settlement with the creditor or bring extra funds to the table. Working with a real estate attorney can help navigate complex judgment lien situations.
Scenario 2: Quitclaim Deed Transfer With a Hidden Tax Lien
David transfers his home to his brother, Kevin, using a quitclaim deed. David doesn’t mention the $25,000 IRS tax lien on the property. Kevin does not conduct a title search before accepting the deed.
| Step | Result |
|---|---|
| David quitclaims property to Kevin | Kevin now owns the property |
| IRS tax lien remains attached | Kevin’s property is subject to the $25,000 lien |
| Kevin tries to sell the property | Title company discovers the lien during title search |
| Kevin cannot sell without clearing the lien | Kevin must pay the IRS, negotiate a discharge, or wait for the 10-year collection statute to expire |
Kevin has no legal recourse against David because a quitclaim deed provides no warranties. This scenario highlights why a title search is critical before accepting any property transfer. Kevin could apply for an IRS discharge of the specific property using Form 14135, but this requires cooperation with the IRS and is not guaranteed.
Scenario 3: Transferring a Home Into a Trust With a Mortgage
Sarah wants to transfer her home into a revocable living trust for estate planning. She has a $180,000 mortgage on the property and a $5,000 mechanic’s lien from an unpaid contractor.
| Step | Result |
|---|---|
| Sarah transfers home to her trust via quitclaim deed | Trust becomes the legal owner |
| Mortgage lien remains on the property | GarnβSt. Germain protects this transfer β no due-on-sale triggered |
| Mechanic’s lien also remains | The contractor can still enforce the lien against the property |
| Sarah wants to sell the home from the trust | Both liens must be resolved at or before closing |
The trust transfer does not eliminate any liens. It simply changes the name on the title. Sarah still must address all liens before she can sell or refinance the property. However, if Sarah had transferred the property into an LLC instead of a trust, the lender could have called the loan due immediately.
How to Remove or Resolve a Lien Before Transferring Property
Pay the Lien in Full
The most straightforward method is to pay the debt. Once paid, the lienholder files a lien release with the county recorder’s office, removing the lien from the public record. For mortgage liens, this happens automatically at closing. For mechanic’s liens, the claimant files the release with the same office where the lien was originally recorded.
Negotiate a Settlement
Many lienholders accept less than the full amount owed, especially if the alternative is a lengthy court process. Judgment creditors and the IRS may agree to a reduced payoff to facilitate a sale. The key is to demonstrate that the settlement offer is the best the lienholder can realistically expect to receive.
Apply for a Lien Discharge (IRS)
If you need to sell property with a federal tax lien, you can apply for a discharge by filing IRS Form 14135 (Application for Certificate of Discharge of Property from Federal Tax Lien). A discharge removes the lien from the specific property being sold, but the IRS lien remains on your other assets. This is different from a lien release, which removes the lien from all assets after full payment.
A discharge is used when the IRS receives what it is owed from the sale or when the property’s value is insignificant compared to the overall tax debt. This allows a new owner or lender to take clear title to the specific property.
Bond Off the Lien
For mechanic’s liens, the property owner can obtain a lien transfer bond (also called a discharge bond) that moves the lien from the property to a surety bond. The bond amount is typically 1.5 times the lien value. This frees the property for sale while the dispute is resolved in court.
In Florida, any person with an interest in the property can transfer a lien to a cash deposit or surety bond under state lien law. Once bonded off, the claimant must pursue the bond instead of the property. The claimant has one year to file suit against the bond β miss the deadline and the claim is lost.
Dispute the Lien
If a lien is invalid, already paid, or improperly filed, you can challenge it in court. Mechanic’s liens have strict filing deadlines and procedural requirements. A lien filed after the deadline is void and can be removed through a court order. Common grounds for disputing a lien include failure to serve proper preliminary notices, incorrect property descriptions, or inflated claim amounts.
Mistakes to Avoid
1. Transferring property to avoid paying a lien. Courts can reverse this type of transfer. Under the Uniform Voidable Transactions Act (UVTA), formerly known as the Uniform Fraudulent Transfer Act, a transfer made with the actual intent to hinder, delay, or defraud a creditor can be set aside. The UVTA is in effect in most states, and courts look at “badges of fraud” β such as transferring to a family member for no consideration, continuing to live in the property, and being insolvent at the time of the transfer. The consequence is severe: the court voids the transfer, the property goes back to the debtor, and the debtor may face additional legal penalties.
2. Accepting a quitclaim deed without a title search. As shown in Scenario 2, accepting property without checking for liens leaves you with no protection and no legal recourse against the grantor. Always run a title search, even for family transfers.
3. Ignoring the due-on-sale clause. Transferring mortgaged property into an LLC or business entity is not protected by GarnβSt. Germain. The lender can demand full repayment immediately. Many property owners learn this the hard way when the bank calls the loan.
4. Assuming a lien expires on its own. Some liens do have expiration dates β mechanic’s liens must be enforced within strict time limits, and IRS tax liens expire after 10 years. But judgment liens can be renewed in many states, and property tax liens never expire until the debt is paid. Assuming a lien will go away without action is a costly mistake.
5. Failing to disclose liens to a buyer. Sellers are required to disclose known liens to potential buyers. Concealing a lien can expose the seller to fraud claims, contract rescission, and monetary damages. Title insurance protects the buyer, but the seller faces legal liability for non-disclosure.
Do’s and Don’ts
Do’s
- Do run a title searchΒ before buying, accepting, or transferring any property. A title search typically takesΒ 10 to 14 daysΒ and reveals all recorded liens.
- Do get title insuranceΒ when purchasing property. It protects you against liensΒ that were missed during the search.
- Do use a warranty deedΒ instead of a quitclaim deed when possible. A warranty deedΒ guarantees the grantor has clear titleΒ and no outstanding liens.
- Do consult a real estate attorneyΒ before transferring property with any lien. An attorney can identify risks specific to your situation and the laws of your state.
- Do negotiate with lienholdersΒ before closing. Many creditors prefer a reduced settlement over a drawn-out legal battle.
- Do check GarnβSt. Germain protectionsΒ before transferring mortgaged property to confirm yourΒ transfer type is exemptΒ from the due-on-sale clause.
Don’ts
- Don’t transfer property to dodge creditors.Β The UVTA allows courts toΒ reverse fraudulent transfersΒ going back four or more years in many states.
- Don’t accept property from someone with known debtsΒ without performing due diligence. The lien attaches to the property, not the person.
- Don’t assume GarnβSt. Germain covers all transfers.Β It only protectsΒ residential property with fewer than five unitsΒ and specific categories of transfers.
- Don’t ignore lien notices.Β An unresolved lien canΒ block a sale, prevent refinancing, and destroy your credit score.
- Don’t skip the closing process.Β A title company’s role in verifying clear title and distributing funds is essential to a legitimate transfer.
- Don’t confuse lien waivers with lien releases.Β A lien waiver prevents future lien filing in exchange for payment. A lien releaseΒ removes an already-filed lienΒ from the record. These are different documents with different purposes.
Pros and Cons of Transferring Property With a Lien
Pros
- You can still sell.Β A lien does not create aΒ legal prohibition on sellingΒ property. Most liens get resolved at closing through sale proceeds.
- Negotiation leverage.Β Lienholders often acceptΒ reduced settlementsΒ to avoid costly foreclosure or court processes.
- Estate planning continues.Β You can transfer property with a mortgage into a trustΒ without triggering due-on-saleΒ under GarnβSt. Germain.
- Buyer assumes the lien.Β In rare cases, a cash buyer may willinglyΒ take over the lienΒ if the purchase price reflects the discount.
- Lien discharge is available.Β For IRS liens, you can apply for a discharge ofΒ specific propertyΒ without paying the entire tax debt.
Cons
- Reduced sale proceeds.Β Lien amounts get deducted from the sale price before the seller receives anything.
- Buyer reluctance.Β Most buyers willΒ not proceedΒ with a purchase until liens are resolved. This shrinks the buyer pool.
- Financing barriers.Β Lenders willΒ not approve a mortgageΒ on a property with unsettled liens. Only cash buyers can move forward.
- Legal risk for fraudulent transfers.Β Transferring property to avoid a lien can beΒ reversed by a courtΒ and result in additional penalties.
- Inherited liability.Β Family members and heirs whoΒ receive liened propertyΒ may not realize they’ve taken on a debt that could result in foreclosure.
Key Entities and Their Roles
Understanding who is involved in a lien-related property transfer helps clarify each party’s responsibilities:
- County Recorder’s OfficeΒ β The local government office where liens are filed and released. All liens must beΒ recorded here to become part of the public record.
- Title CompanyΒ β Conducts the title search, issues title insurance, andΒ manages fund distribution at closing. This is the gatekeeper that ensures liens are discovered and addressed.
- IRSΒ β Files the Notice of Federal Tax Lien and hasΒ broad authority to attach liensΒ to all taxpayer property. Can also grant discharges of specific property.
- HOA / COAΒ β Community associations that can place liens and, in super lien states,Β foreclose ahead of mortgage lenders.
- Real Estate AttorneyΒ β Advises on lien resolution strategies, reviews deed types, and ensures compliance with state and federal transfer laws.
- Surety CompaniesΒ β Issue lien transfer bonds that allow mechanic’s liens to beΒ removed from propertyΒ and placed on a bond while the dispute is resolved.
The Title Search and Closing Process
A title search is the most important step in any property transfer involving a potential lien. Here’s how it works:
- The buyer’s attorney or title company searches public recordsΒ β including deeds, court records, tax records, and judgment indexes β to trace the property’sΒ ownership history and uncover liens.
- A title report is issued.Β This document lists all discovered liens and encumbrances. The buyer reviews the report and decides whether to proceed.
- The seller discloses known issues.Β The seller isΒ legally required to discloseΒ any liens or title defects through a property disclosure statement.
- Liens are resolved before or at closing.Β The title company ensures that all liens are paid from sale proceeds or otherwise satisfied. Lienholders provideΒ release documentsΒ that clear the title.
- Title insurance is issued.Β The title insurance policy protects the buyer and lender againstΒ any liens that were not discoveredΒ during the search.
If a lien surfaces after closing that was not identified in the title search, the buyer’s title insurance policy covers the loss. Without title insurance, the buyer bears the full financial burden. Title searches typically take about 10 to 14 days to complete, though older properties with longer ownership histories may take longer.
Relevant Court Rulings
- United States v. Bess, 357 U.S. 51 (1958)Β β The Supreme Court held that theΒ transfer of property does not affect a federal tax lienΒ that has already attached.
- United States v. City of New Britain, 347 U.S. 81 (1954)Β β Established theΒ “first in time, first in right”Β principle for federal tax lien priority.
- United States v. McDermott, 507 U.S. 447 (1993)Β β The Supreme Court held that aΒ federal tax lien has priority over a judgment lienΒ on after-acquired property, even when the judgment lien was filed first, because the NFTL filing date controls priority.
- Glass City Bank v. United States, 326 U.S. 265 (1945)Β β Confirmed that aΒ federal tax lien attaches to all propertyΒ from the moment of assessment and extends to after-acquired property.
These rulings reinforce the principle that liens are property-based, not person-based. They follow the property, not the owner.
FAQs
Can you sell a house with a lien on it?
Yes. A lien does not legally prevent a sale. The lien is typically paid from sale proceeds at closing, and the buyer receives clear title.
Does a lien transfer to the new owner?
Yes. If a lien is recorded before the transfer, it remains attached to the property and is enforceable against the new owner.
Can you transfer property with a lien to a family member?
Yes. However, the lien stays with the property. The family member becomes responsible for the debt, and the transfer may be voided if done to avoid creditors.
Is it illegal to sell property with a lien?
No. Selling with a lien is legal, but you must disclose known liens to buyers. Concealing a lien can lead to fraud claims.
Can a lien prevent you from refinancing?
Yes. Lenders will not approve a refinance on property with unsettled liens because it creates a competing claim against their collateral.
Does transferring property into a trust remove a lien?
No. The lien remains on the property. A revocable trust transfer does not affect existing liens and they must be resolved before sale.
Can an HOA lien take priority over a mortgage?
Yes. In 24 super lien states, an HOA lien can jump ahead of the first mortgage for unpaid assessments.
What happens to a lien when the property owner dies?
The lien survives. Heirs inherit the property subject to the lien. The mortgage lender cannot call the loan due under GarnβSt. Germain.
How long does a federal tax lien last?
Ten years. The IRS must collect within 10 years from the date of assessment, or the lien expires.
Can you bond off a lien to sell the property?
Yes. A lien transfer bond, typically 1.5 times the lien amount, removes the lien from the property and transfers the claim to the bond.
Can the IRS seize property that was transferred to avoid a tax lien?
Yes. The IRS can pursue the property even after transfer if the lien was attached before the transfer, and may also challenge the transfer as fraudulent.
What is the difference between a lien release and a lien discharge?
A lien release removes the lien from all assets after full payment. A lien discharge removes the lien from one specific property while the debt remains on other assets.