A lien is a property right someone else has on your property and gives the lienholder legal power to take your property as compensation if you default on your payments or break the contract terms.
A mortgage is the most common type of property lien. If you don't pay back the home loan, the lender can foreclose on your home in hopes of recouping its investment. Some home remodeling jobs, such as redoing a bathroom, may also place a lien until the work is paid off.
Although it may sound harsh, a lien offers protection and mitigates the risk of a loan, making it possible for lenders to make financing more available. Read on to learn more about liens.
With Property liens, your property is the collateral for the loan. So if you default, the lender can take the property to recoup their investment.
With home loans, however, we have to consider something called "lien position." The home loan you take out when you first financed your home is the primary loan. However, if you take out a second mortgage, you would now have a second lien next in line.
Should you default on your mortgage payments, the primary lien holder would be paid first, then the second lienholder, and so on. Because of this hierarchy, second mortgages are considered riskier and usually have a higher interest rate. For this reason, it's often better to refinance your primary mortgage rather than get a second.
The government can place a lien on your property (real estate, car, boat, etc.) if you have unpaid taxes, and it can affect your ability to qualify for credit until it's cleared.
In this situation, a lien is placed on your property if you owe money for work they completed. Note that not all states allow for mechanic's liens.
A lien may be placed on your property in jurisdiction disputes. However, once the judgment is satisfied, the lien can be removed.
Pay off the loan.
Negotiate with the lender: Negotiate with the lender. They may be okay with taking less than the total amount for a payoff!
Sometimes a lien may not apply to the current property holder, but it still shows up on the title. Here are two things you can do should that happen:
Contact the lienholder to correct it.
Dispute the lien claim. This should be a last resort, as getting into a legal dispute could be costly. Consult an attorney if you go this route.
Now that you understand the basics of liens, you can move forward with more confidence in your property purchases. Ready to explore your home loan options? Contact us today for personalized guidance.
We've been helping customers afford the home of their dreams for many years and we love what we do.
Company NMLS: 235599
Real Estate Broker – CA Dept of Real Estate – Lic #01851459 – NMLS #235599
140 Litton Dr Ste 208
Grass Valley, California 95945
Nevada County Mortgage strives to ensure that its services are accessible to people with disabilities. Nevada County Mortgage has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.
Nevada County Mortgage makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows nevadacountymortgage.com to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
Nevada County Mortgage accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner on the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Nevada County Mortgage continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
Despite our efforts to make all pages and content on Nevada County Mortgage website fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
If you are experiencing difficulty with any content on Nevada County Mortgage website or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
If you wish to report an accessibility issue, have any questions or need assistance, please contact us by sending an email to: email@example.com