Texas Lien Search

A Texas lien search is an inquiry conducted by property owners or prospective buyers to find any existing liens on a property or real estate in Texas. This search is done by reviewing public records held by government offices and officials, such as the Texas Secretary of State, County Recorders or the County Clerk's office, and local courts in the jurisdiction where the property is located. A Texas lien search ensures the property's title is secure and free from encumbrances. This makes it a necessary step for prospective buyers and investors when seeking to purchase or sell real estate property. 

What is a Lien in Texas?

In Texas, liens are charges or claims filed against a property. It is a claim of an outstanding debt that gives the holder a legal means to secure payment. It also creates an encumbrance on the property, which informs potential owners of the existing debt. If the debt goes unpaid, the lien holder has the right to foreclose on and retain the property until the debt is paid. Interested members of the public may review the Legislative Reference Library of Texas for the state's provisions on liens.

Types of Liens in Texas 

In Texas, there are numerous types of liens emerging from different industries, such as:

• Tax Lien
• Mechanics Lien
• UCC Lien
• Judgement Lien
• Miscellaneous Liens (Workers Liens, Liens on Garments, Stable Keeper's Liens)

However, all lien types can be designated into general, specific, consensual, involuntary, and statutory categories. In most cases, they are the result of an underlying obligation or unpaid debt.

General Liens in Texas

In Texas, general liens are placed on real estate or any personal property of a debtor. This can include houses or land, private vehicles, and other assets of the debtor. Some examples of general liens in Texas are judgment liens and tax liens.

Specific Liens

In Texas, specific liens are the kind that can only affect a particular type of property. Some examples include liens against mineral property, which only affect mined materials, and broker's & appraisal liens, which only affect commercial property. Similarly, there are liens on bank accounts, a real estate lien resulting from a mortgage loan, etc.

Consensual vs Involuntary 

A consensual or voluntary lien is a lien put on a property (or piece of property) with the owner's consent. An example of a consensual lien is a mortgage lien. On the other hand, an involuntary lien can be attached to a property or piece of property without the prior knowledge or consent of the owner. 

Statutory Lien

A statutory lien is one placed on a property or piece of property by operation of law or statute. They do not require the owner's consent and are empowered by the law (Texas. Property. Code § 52.001- 52.043) to be attached to the property. Some examples are tax, judgement, and construction liens. Statutory Liens are also known as involuntary liens.

What is a Tax Lien in Texas?

A Texas tax lien is used by the state government to secure payments of tax in cases of default by taxpayers. The tax lien attaches to all property, inventory, equipment, and personal property the debtor owns or any of such property they subsequently acquire (Texas. Tax. Code § 32.01-32.07). Tax liens in Texas may be both statutory and general. 

Are Tax Liens Public Records in Texas?

Yes. Tax liens are deemed public records under the Texas Public Information Act. According to the Act, members of the public are entitled access to public records, including lien information, from relevant custodians within their jurisdiction. Following a request, these records are made available to the requester within 10 days of the query. Once a tax lien has affected a debtor's property and becomes public record, the debtor may be unable to buy, transfer, or refinance the affected property. It would automatically notify other creditors that the government (or debtor) has a legal claim against the affected property.

Texas Tax Lien Search

Texas lien searches may be performed in one of the following ways:

• In-Person: Texas tax liens can be found by querying the county clerk's office in the jurisdiction where the property is located. County clerk offices are charged with maintaining property records relevant to their judicial district, including liens. To find the address of a County Clerk, visit the County Association and District Clerks' of Texas website or consider checking the official county website (if available).
• Online: In some counties, county records (including tax liens) are available online. These online search options are typically provided by the county clerk's office or local courts. For example, the Harris County Clerk's Office provides a real property Document Search Portal where inquirers can search for property-related information by file number, film code, grantor/grantee, trustee, instrument type, etc.
• Mail: Requests for public records can also be made by mail. The relevant P.O. Box can be found on the county clerk's office website in the county where the property is located.

Federal Tax Lien Search

According to Texas. Property Code § 14.001 – 14.007, federal tax liens may be filed in one of three places:

• Where the federal tax lien is upon real property, it is filed at the county clerk's office where the property is located. 
• Where the lien is upon personal property, it is filed at the county clerk's office where the taxpayer resides.
• Where the debtor is a corporation or partnership whose principal executive office is in the state of Texas (as defined by the inland revenue laws of the United States), the lien is filed in the office of the Texas Secretary of State.

Therefore, a federal tax lien lookup or search on real property can be conducted at the county clerk's office where the property is located or the county clerk's office where the debtor or taxpayer resides.  

However, if the taxpayer in default is a corporation or partnership having its principal or main executive office in Texas, a search for a federal tax lien against them should be conducted at the office of the Texas Secretary of State.

What is a Lien on Property in Texas?

A Texas property lien is a legal claim against a property that subsists until the debt is paid. It secures the interest of the creditor and puts a charge or encumbrance on the property that prevents it from being refinanced or sold. According to Texas Estates Code § 22.028 – 22.030 , "Property" includes real property (real estate and interests in land) and both tangible and intangible personal property such as goods, money, chose in action, and vehicles. 

Who Can Put a Lien on a Property?

Any individual to whom a property owner owes money may put a lien on the debtor's property, provided the property is not exempt from seizure. Some such individuals include laborers, contractors, subcontractors, material suppliers, architects, financial institutions, and state and federal tax boards. Property that may be exempt from seizure include: 

• A property for a family with a fair market value of no more than $100,000;
• Religious books;
• Alimony;
• Wages for child support.

How to Put a Lien on a Property in Texas 

The process for filing a lien in Texas depends on the filer and the type of lien in question. Its provisions are as outlined in Texas Property Code. §53.001 – 53.176 and Texas Constitution Article XVI Sec. 37. Notwithstanding, there is a standard procedure for filing most liens in Texas:

• Filers should begin by checking to see if a Pre-Lien Notice or a Notice of Claim must be served on the property owner or original contractor;
• Prepare a lien affidavit according to statutory requirements and file it at the county clerk's office where the property to be affected is located. This must be done within the given statutory deadline;
• Record the lien with the county clerk recorder's office where the property is located;
• Serve the lien affidavit on the property owner or original contractor;
• Foreclose on the lien to receive a judgment lien and retrieve the debt.

How to Find a Lien on Property in Texas

Interested members of the public can find a lien on property in Texas by conducting a property lien search. It can begin by examining the records at the county clerk's office where the property is located or where the debtor resides. These searches can be done in person at the custodian's office or online. The availability of records and the particular county the property or debtor is in will determine whether or not the search can be done online. Requests for public records can also be made by mail.

Alternatively, an individual conducting a property lien search in Texas can consult a third-party title search company with access to county records. This will allow the individual to search multiple documents at the same time and conduct different searches. 

Property Lien Search By Address

A property lien search in Texas can be conducted at the county clerk's office where the property is located. However, the clerk's offices in Texas file their records by name, so a property lien search by address must be carried out elsewhere.

Persons wishing to conduct a property lien search by address can procure this service from independent property search websites or aggregate databases. Inquirers will be required to pay a fee for this service.

Free Lien Search On Property in Texas

A free lien search on property in Texas can be conducted at the relevant county clerk's office using the debtor's name. Alternatively, inquirers can also use the county clerk's online tool if the office hosts this information on an online database. However, while these searches may be conducted for free, a copy fee is required to reproduce the lien records.

What is a Mechanics Lien in Texas?

Per Texas Property Code 53.001; 53.021, a mechanics lien is a charge or claim against a debtor's real property for unpaid construction, repair, or improvement work done on said property. Also known as construction liens, mechanics liens may be filed by a contractor, subcontractor, engineer, architect, and material man. They are used to ensure recompense or compensation in the case of a default. It can force the foreclosure of a property to get payment of the debt, making the property hard to sell and refinance.

Texas Mechanics Lien Search

Conducting a mechanic's lien search in Texas is done the same way as any other lien or property-related information/document. Interested persons may visit the county clerk's office where the lien is filed and examine relevant public records. Alternatively, the searches can be done online using the county clerk's online search tool (if available in the county of interest).

For convenience, inquirers may consider searching through third-party aggregate sites or databases. These sites offer expeditious search options for a fee. However, users may be able to retrieve limited information at no cost, depending on the site and its services. 

What is a Mortgage Lien in Texas?

In Texas, a mortgage lien is a lien arising from a mortgage. Financial institutions issue loans to persons willing to levy a property (real estate or otherwise) against that debt. Where real property is levied, a mortgage lien statutorily kicks in to protect the creditor's interest in the event of a default payment. Consequently, the creditor can seize or sell the debtor's property to ensure repayment—the Texas Department of Savings and Mortgage Lending Website outlines the state's provisions and specifications on mortgage liens. 

What is a UCC Lien in Texas? 

A UCC (Uniform Commercial Code) Lien was created to enable creditors (financial institutions or lenders) to notify other creditors about a debtor's assets that have been used as collateral for a transaction. UCC liens are filed specifically for commercially owned properties (property owned by corporations). It is filed and recorded at the Texas Secretary of State's Office. 

UCC Lien Search

UCC form filing, tracking, and searching can be done by visiting the Texas Secretary of State Office. Their operations hours are 8am – 5pm, Central Time, Monday through Friday. To make a request or inquiry via phone, contact (512)-475-2703. In-person or mail-in queries may be made at/to the following address:

Mailing Address

Uniform Commercial Code

Secretary of State

P.O. Box 13193

Austin, TX 78711-3193

Physical Address

Uniform Commercial Code Division

Secretary of State

1019 Brazos Street

James E. Rudder Building

Austin, TX 78701

Alternatively, inquirers may visit the office of the Texas Secretary of State's website to conduct their search.

What is a Lien Title in Texas?

A lien title in Texas is a kind of lien typically attached to a car or vehicle. The said car would have a legal claim against it for a debt owed by the car owner. Lien titles are usually filed in default of a car loan – a loan gotten for a car payment. The lien is created against the vehicle title as soon as the loan is given, and the car does not completely belong to the buyer until the loan is repaid. 

Texas Title Lien Search

When purchasing a vehicle from a car dealer, the dealer must file the title application on the buyer's behalf so that the buyer does not have to visit the tax office. Hence, a Texas title search would usually be conducted while filing a new title application.

When buying from an individual, the buyers should be accompanied by the seller to the county tax office when submitting their title application. While there, the tax clerk can inform them further of the vehicle's title. All buyers are advised to ensure they are issued a receipt showing that the vehicle has been titled in their name. 

A title lien search in Texas can be done using the services of an approved National Motor Vehicle Title Information System (NVMTIS) vehicle information provider. A list of the providers can be found on the Texas Department of Motor Vehicles (TxDMV) website. However, this service can only be accessed for a fee. Individuals may also run the car's vehicle inspection number (VIN) through the National Motor Vehicle Title Information System to search. 

Free Title Lien Search in Texas

The TxDMV does not provide title lien searches. Prospective buyers can conduct a free title lien search in Texas by running the vehicle's VIN through the NMVTIS. The NMVTIS will provide a full vehicle history report, including its title. Although the TxDMV does not offer title lien searches, other information on vehicle title filing, registration and checks can be found on their website.  

What is a Judgement Lien in Texas?

Judgement liens in Texas are the result of a court judgement. When a civil lawsuit is filed against a debtor, the court rules against the debtor and their real property. When a first or subsequent abstract of such a judgement is recorded and indexed, it constitutes a lien against the debtor's real property (Texas Property Code. § 52.001.) With a judgment lien, the lienholder or plaintiff can seize the debtor's real property until the debt is paid.

Texas Judgement Lien Search

To conduct a judgement lien search in Texas, visit the county clerk's office where the debtor's property is located and examine the relevant property records. If the county clerk's office provides online search options, these may also be searched by the document number, filing date and related parameters. Third-party aggregate sites also offer jugdement lien search options.

What is a Miscellaneous Lien in Texas?

A miscellaneous lien in Texas is a lien formed under Texas Property Code § 70.001. – 70.506. These liens are usually created under very specific circumstances. However, just as with any other lien, they also constitute a charge on, or a legal claim against a property or piece of property. The lienholder is entitled to possession of the debtor's property until repayment, along with any interests or fees. Several of these liens are perfected as soon as they attach to the property (when the debt occurs). Some examples of miscellaneous liens are liens on garments, stable keeper's liens, plastic fabricator liens, and agricultural liens. 

Texas Miscellaneous Lien Search

Most Texas counties have a public records file for "miscellaneous" filings. A thorough examination of the relevant public records as well as miscellaneous records should reveal any miscellaneous liens. A Texas miscellaneous lien search should be conducted at the county clerk's office where the property is located. Inquirers can do this by looking through the physical records or checking the county clerk's office online database (if available in that jurisdiction). Requests can also be made via mail. However, a small fee may be required to facilitate this search, especially if physical documents or copies are needed.

How to Get a Lien Release in Texas

A lien release is document filed to remove or discharge a lien from a property. To get a lien release in Texas, the debtor simply needs to pay the debt. After the debt has been resolved, the lienholder will file a Request to Release a Lien (lien release form) with the county clerk's office where the lien is recorded. 

When the debt is paid, the lien holder is given 10 days to file a lien release. After the request to release a lien is received and recorded, the lien is removed, and the affected property is free from the charge. If the lienholder fails to file the lien release during the given period, the property owner has the right to file a lawsuit, petitioning the court to release the lien. After this, the lien will be released, and the lien holder may face other punishments. 

Lien releases in Texas are directed by the Texas Constitution and Statutes. 

How to Get a Copy of a Lien Release in Texas

To get a copy of a lien release in Texas, the interested individual can visit the county clerk's office where the lien release was filed and request the document. In some counties, this request can be made via mail or through an online portal. Details about the process and any unique requirements will typically be published on the website of the concerned county clerk's office (where the lien was filed). Inquirers may also contact the relevant county clerk's office via phone to find out if there are any specific steps to obtain a copy of a lien release in that county.