Can Someone Put a Lien on My House Without Me Knowing?

Yes, it is possible for someone to place a lien on your house without your immediate knowledge, although there are typically legal processes and notifications involved. Here’s a brief overview of how this can happen, what you can do, and how working with a real estate agent can help.

Types of Liens

• Mechanic’s Lien: If you have work done on your property and fail to pay the contractor or supplier, they can file a mechanic’s lien against your house.

• Judgment Lien: If someone sues you and wins a judgment against you, they can place a lien on your property to secure payment of the judgment.
• Tax Lien: If you fail to pay your property taxes, the government can place a tax lien on your property.

How It Happens

Legal Notice

In most cases, the party intending to place a lien must notify you. However, there might be instances where you miss these notifications due to incorrect mailing addresses or overlooked communications.

Court Involvement

Judgment liens require a court order, and you should receive notice of any lawsuits against you.

Recording the Lien

The lien must be recorded in the land register of the province where the property is located. This becomes public record, and while you may not be notified directly, it is accessible.

Preventive Measures

• Title Insurance: Consider purchasing title insurance, which can protect you against unknown liens.

• Stay Current on Payments: Ensure all your debts, especially those related to property and services, are paid on time.

• Working with a Real Estate Agent: A real estate agent can be an invaluable resource in monitoring the status of your property. They have access to the land register and can regularly check if there is any lien on your property. By working with a real estate agent, you can be promptly notified of any liens and take necessary action quickly.

What to Do if a Lien is Placed?

• Verify the Lien: Contact the party that placed the lien and verify its validity.

• Resolve the Issue: Pay the debt if it’s valid. If you dispute it, seek legal advice and possibly challenge it in court.

• Remove the Lien: Once the debt is settled, obtain a release of lien document and ensure it’s filed with the county.

Property liens can be a complex and challenging issue, but by staying informed and proactive, you can manage and resolve them efficiently. Regularly check your property status, keep up with your payments, and consider working with a real estate agent to ensure your property remains lien-free.