How to Check for Mechanics Liens

A mechanics lien is a method by which contractors or other service providers file a claim against the title of a home. Most mechanics liens are filed as a result of non-payment for work performed. If you're buying a house, you must check to make sure there are no outstanding mechanics liens.

Difficulty: Moderately Challenging

Instructions

1. Access public records. Mechanics lien paperwork is a matter of public records. If a mechanics lien has been filed against a property, the court will have records of the lien.

2. Enlist the services of a title company. Title companies keep track of the real estate titles and liens attached to them. If you're about to purchase a property, be sure to have a title company run a check.

3. Determine if the mechanics lien is a valid lien. Many times a lien is invalid because one of the parties did not complete the appropriate paperwork within the allotted time frame.

4. Hire an attorney. When it comes to court papers and the legality and validity of a lien, you may become overwhelmed. Misinterpreting court papers--thinking that an invalid lien is valid and visa versa--can be costly, especially if you hire a contractor based on such a misinterpretation. If you feel you're out of your comfort zone, hire an attorney to check for you.

Tips & Warnings

• If you're buying an out-of-state property, it is best to check with the court system in that particular state. Laws vary from state to state, so don't assume that the laws in your state will prevail in the state in which the property is located. The domicile of the property will govern the rules applicable.

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