Are you financing a vehicle or a piece of property? If you answered yes, then you should know what a lien and a lienholder are.
Both lien and lienholder are finance terms, like credit score, lender, and collateral. A lien is a legal right for a particular party (usually a lender) to stake a claim in an asset of value if an underlying debt has not yet been fully repaid. But what exactly is a ‘lienholder’?
Keep reading to learn about lienholders and how they can affect you and your finances.
Key Takeaways About Lienholders
- A lienholder is an individual or entity that has a legal claim on an asset until a debt owed is fully repaid.
- Common types of lienholders include mortgage lenders, car loan lenders, creditors, and contractors.
Lienholder Meaning
A lienholder is an individual or company that holds the lien. A lien is a legal claim against an asset that backs a debt. A lienholder could be a lender, bank, finance company, credit card issuer, or individual who has signed a contract within which money is owed.
The lienholder would have a stake in a specific asset that serves as collateral, which would ensure that the monies owed are repaid. As long as a balance is still owed, the lienholder will hold on to the asset in question until the money is repaid, after which the lien will be released.
Who Are The Lienholders?
Here are some common examples of lienholders:
| Lien Type | Lienholder |
| Mortgage Lien | Mortgage Lender |
| Car Loan Lien | Vehicle Lender |
| Contractor Lien | Contractor |
| Tax Lien | Government Authority |
| Judgment Lien | Entity Or Person Who Obtained The Judgment |
Mortgage Lien
When you take out a mortgage, a lien will be placed on your home by your mortgage lender until you’ve fully paid off your loan and discharged it.
Car Lien
Likewise, a lien will be placed on your vehicle if you take out a loan to finance it. Until that loan has been repaid in full, the lender will place a lien on your car’s title.
In both of these cases, the liens provide security to the respective lenders, allowing them to repossess the home or vehicle in order to make sure the debts are satisfied.
By having a lien on the title of the home or car, the loan will be considered secured, giving the lender a better chance of being paid back for the loan extended to finance either asset.
Contractor Lien
If you hire a contractor to do work on your home and do not pay them what was expected, they may file a lien and place it on your home until you pay the bill in full.
Tax Lien
The government could place a lien on your home if you have outstanding taxes that have yet to be paid.
Judgment Lien
This can involve having a lien placed on your home in the event that you are sued and have been ordered to pay a specific amount to the plaintiff. The judgment lien is placed to ensure that damages will be paid if you’re unable to pay right away.
What Are First Lienholders?
If there is more than one lien on the title of a home, the first lienholder in line will be repaid first before any other lienholder in the equation.
For example, in the case of a mortgage, the first debt will be repaid before others if the borrower defaults on the loan and the property was used to secure the debt. In this case, the lender holding the first mortgage is considered to be the first lienholder. As the first lienholder, the lender assumes a lesser risk compared to second or third lienholders.
The added risk of being second in line to be paid back in the event of mortgage default. That’s why second mortgages usually come with higher interest rates.
What Happens If You Buy A Car With A Lien?
If you buy a car that has a lien and the seller has not yet repaid their car loan, you inherit the responsibility of the outstanding debt.
What If You’ve Already Paid The Seller …
If you paid the seller already and find out after the fact that there’s a lien, you need to do what you can to make sure the seller pays the lienholder. Otherwise, you’ll have to pay the lender directly to clear the lien and the money you paid for the vehicle will be gone.
If the lien is not cleared, the lender has the right to repossess the car. You could also have trouble registering the car in your name until the lien is cleared.
If You Haven’t Yet Paid The Seller …
Hopefully, you’ll discover a lien on a car before you carry through with a transaction. In this case, make sure the seller repays their lender and the lien is removed before you go through with the sale. Then, get proof in writing that the lien has been removed to ensure that registering the car in your name won’t be an issue.
| Note: Registered car dealerships in Canada are required by law to ensure that any used cars do not have any liens before the sale. Dealers should take care of the lien removal process for you. |
What Happens If You Purchase A House That Has A Lien?
In general, if a home has a lien on it and you agree to buy the property, you’ll be assuming responsibility for the lien. This is why it’s customary for buyers to hire a lawyer or notary public to search local records for any liens on a home before agreeing to a purchase.
Since liens are attached to real estate, the debt doesn’t follow the person selling the asset. Instead, liens exist on the property title.
Before a real estate deal can close, the mortgage company will want to have a title search performed in order to make sure there are no issues with the title before it’s transferred. If a lien appears on the property, the mortgage lender probably won’t agree to finance the purchase.
In simpler terms, you can buy a home with a lien on it, but the seller will need to clear it before the sale is finalized.
What Types Of Liens Can Be Placed On A House?
When you take out a mortgage to finance the purchase of a home, the mortgage lender will place a lien on the property. Mortgages are the most obvious type of lien that can be placed on a home, but they’re just one type of lien, which is considered voluntary.
Other liens that can be placed on a property are involuntary, including the following:
- Contractor’s lien to ensure they are paid for any work done on the home
- Property tax lien if property taxes are yet to be paid
- Judgment lien as a result of a lawsuit
How To Find Out If Your Asset Has A Lien?
Depending on the asset, the way to check if it has a lien will vary.
How To Check If A House Has A Lien
When you’re buying a home, having a title search conducted is a great way to find out if there are any liens on the title before you commit to buying the home. A title company will be able to conduct this search on your behalf.
You can also check with the local Land Registry Office to verify whether a lien is on the title and what its status is.
How To Check If A Car Has A Lien
To find out if there is a lien on a car, you can check with the Ministry of Transportation simply by providing the VIN, make of the vehicle, and model year. If you own the car, you can get in touch with the dealer or lienholder to find out.
Liens are public records, so anyone has the right to find out if there are liens on specific titles. You can also visit your local government office to have the title of an asset searched for you.
Can You Be The Lienholder?
You could also become a lienholder if you’re lending money or providing goods or services that are backed by collateral.
For instance, if you lend money to a friend to help them buy a car, you can place a lien on their vehicle to ensure they pay you back. If they don’t, you have the right to repossess the car to recover your loan.
Likewise, if you act as the lender on a mortgage in which the home serves as collateral, you can secure your claim by placing a lien on the title. This ensures that if the homeowner defaults, you have a right to recover your money.
How To Become A Lienholder
The steps to becoming a lienholder are generally as follows:
- Enter into A Written Agreement — Make sure you have a written agreement that details the terms of the loan or service and the collateral being used.
- Register The Lien — Depending on the type of property, you may have to register the lien with the applicable government office (ie. land registry for real estate).
- Notify The Debtor — Let the debtor know that you have placed a lien on their property.
- Keep Records — Retain detailed records of the transaction and the lien registration.
How To Remove A Lien From Your Asset
If you’re planning to sell a home or car that has a lien on it, your best bet is to pay off the debt before you sell. After the lien has been paid off, the lienholder will then issue a clearance certificate. This proves that the lien isn’t valid anymore and that the debt has been paid.
How To Remove An Existing House Lien?
A lien on a home is cleared when the debt is fully repaid. Until then, the lien will stay with the home. This means you will assume all responsibility for the debt if you buy a home with a lien.
Before finalizing a deal on a home purchase, have a title search conducted to identify whether there are any liens on the property. Any outstanding debt that is attached to a house means there is a lien on the property. In order to have the lien removed and cleared from the record, the debt must be paid in full.
How To Remove An Existing Lien Off A Car?
To clear a lien from a vehicle, the owner will need to pay off any outstanding debt owed on the car. Once the debt has been paid, the lender will discharge the lien.
The Ministry of Transportation in your province will then change the record to reflect the paid debt. It’s important for buyers to obtain documentation proving that the lien has been discharged.
What Can You Do If You Can’t Clear The Lien?
If you’re unable to repay the debt, you could try to sell your home “as is” to a willing buyer. It may be very difficult to find a buyer who would be willing to take on that type of issue.
That said, you may be able to come up with an arrangement. Whereby any proceeds of the sale will be used to pay off the lien. After which the title can be cleared and the ownership can be transferred.
Final Thoughts
It’s important to know if there’s a lien on a home or car that you plan to buy. In the case of a vehicle purchase, you would need to pay the lienholder directly. But in the case of a home, the situation may be a little more complex. Depending on the situation, you may want to work with a lawyer to make sure you’re not putting yourself in a potentially risky situation.
