Utah Lien Search

In Utah, a property lien search is used to find any liens or encumbrances on a property. This search can reveal whether there are any pending encumbrances or debts that impact the ownership transfer of the real estate. A thorough lien check ensures no unreported obligations are associated with a property. It shields prospective purchasers from acquiring unwelcome debts and legal issues. Sellers can attract buyers with their offers by ensuring that their property titles are clear from liens. Ultimately, it protects the rights of every party to a real estate transaction. Liens are held by County Clerk/Recorder’s Offices and alongside Utah’s civil court records. They are also accessible through third-party sites and the Utah Department of Commerce Division. 

What is a Lien in Utah?

A lien in Utah is a legitimate or legal claim made on any property used as security to guarantee payment of an obligation. The Utah Lien Statutes (Title 38) outlines the state's provisions on the various types of liens and how to enforce and apply them. Liens give the creditor the authority to sell the borrower's belongings if they cannot repay a loan.

Types of Liens in Utah

There are various types of liens in Utah; some of them include:

• Mechanics lien
• Lessors lien
• Tax lien
• Personal injury lien
• Mold lien
• Attorneys lien
• Judgment liens
• Real estate lien

There are other subcategories of these lien types. For example, medical liens and hospital liens are types of personal injury liens, while preconstruction and construction liens are types of mechanics liens. Liens are also classified based on how they are created (consensual or voluntary lien and involuntary lien), how they are enforced(judgment liens), and how they are triggered by law(statutory liens).

General Liens in Utah

 A general lien in Utah covers all the property a creditor owns until the debt is paid. A general lien is not attached to a particular piece of collateral; hence, it is sometimes called an unsecured lien. Instead, it is attached to all of the borrower's assets. An example of a general lien is a tax lien.

Specific Liens in Utah

 A specific lien is unique due to its connection to a particular property. In contrast to general liens, they are affixed to a specific asset mutually agreed upon by the debtor and creditor if the debtor breaches. Some examples of specific liens are mortgage liens and vehicle liens. 

Consensual vs Involuntary Liens

Consensual liens are liens that a debtor agrees to voluntarily. These types of liens are created following a security agreement between both parties involved in the lien. An example is a bank lien placed on a bank account as a result of a bank loan. An involuntary lien is a lien that a property owner did not consent to. Some examples of involuntary liens include judgment liens and property tax liens.

Statutory Liens

Statutory liens are automatically activated by legislation under specific circumstances or conditions. Statutory liens are typically created and imposed when a person breaks the law or has a judgment against them by law. An example of a statutory lien is a federal tax lien.

What is a Tax Lien in Utah?

A tax lien in Utah occurs when a taxpayer fails to pay a balance due to their Utah taxes, and the Tax Commission files a judgment lien on their real estate or personal belongings per the Utah Property Tax Act. If a taxpayer has unpaid taxes, the Utah Tax Commission may utilize a lien to take possession of and sell their real and personal property.

Usually, Utah tax liens are not issued until after the taxing authority has attempted to collect the overdue taxes on several occasions. The lien protects the agency's authority to take possession of a taxpayer's belongings, such as real estate, stocks, or anything else that could be sold to cover the owner's tax liabilities. 

Are Tax Liens Public Record?

Yes, Tax liens are public records per the state Government Records Access and Management Act and the Utah Freedom of Information Act. Tax lien information made public in Utah includes the name of the delinquent taxpayer, whether an individual or a business, and the kind of tax and the amount outstanding when the lien is filed.

In addition to documenting and preserving lien information, government employees and organizations like the county recorder's office and state courts also act as intermediaries for interested members of the public to access these documents. 

Utah Tax Lien Search

A Utah tax lien search can be done in person or online at the county recorder's office where a person resides. Utah tax liens are recorded at the county recorder's office and are available to members of the public upon request. Several offices make these records available through a document request form that can be completed and submitted by mail or in person. Others make these records available online through searchable databases that can be searched using the owner's name. For example, Utah County allows a search for delinquent tax records by the owner's name or property address, while Weber County permits searches for Utah tax liens by completing an information request form.

A comprehensive search can also be done using Utah State Court legacy records. These records contain information on tax liens for every county in the state. Utah state courts publish a list of persons in every county who have tax liens placed on them online in the state regularly. To use these records, interested persons can follow these steps:

• Navigate to the county of interest
• Download the latest updated zip file containing the list of delinquent persons
• Extract the zip file
• Browse through the list to locate the name of the person

Federal Tax Lien Search In Utah

Inquirers may visit the recorder's office in various judicial districts to look up a federal tax lien. According to Chapter 6 of the Utah Code on Federal Tax Liens, taxes owed to the United States of America and other federal liens must be filed with the county recorder's office where the subject property exists. The recorder's office can obtain an index of recorded documents about properties with federal liens attached. A request for an Automated Lien System (ALS) Database listing may also be made by contacting the IRS. This database contains notices of federal tax liens and other legal filings. Alternatively, one can call the agency's Centralized Lien Unit at (800) 913-6050 to inquire if a federal lien has been placed on a piece of property. Individuals can also use a third-party web service or consult a real estate lawyer/title company for a federal lien search.

What is a Lien on Property in Utah

 A lien on a property in Utah is a financial claim made against real estate as security for a debt or obligation. The simple meaning of a lien on a house is that the owner consented to have their house serve as security for an obligation they owe, such as a mortgage, or the owner is delinquent on state or federal taxes. The Utah Code 38-12-101 on "notice of lien filings'' defines A "lien" as any encumbrance on the title that forms a charge against or interest in the property; it can also refer to a notice of interest, a judgment, or an inability to pay money owing for services or other goods. Additionally, it defines real property as any building, structure, or improvement, as well as any franchise, privilege, equipment, fixture, or other item attached to or utilized in conjunction with a real property.

Who Can Put a Lien on a Property?

Usually, a creditor places a lien on a property to which the owner owes money. A mechanics lien may be affixed to a property by a licensed contractor if a payment on building work is outstanding. If a property owner has unpaid income taxes, the IRS or State may impose a lien on their property. Unpaid real estate taxes may also result in a lien being placed by the county Authorities. Liens on debtors' property can be imposed by any creditor(for example. a bank) who wins a judgment in court. Consequently, lien holders may proceed to sell real estate property to recoup the outstanding debt.

How to Put a Lien on Property in Utah

 A person must first be qualified to place a lien on a property in Utah. Qualification depends on whether the person has first filed a notarized lien agreement in the county where the property is located. For mechanics lien, a person must first file a preliminary notice of lien with the county recorder's office. The steps for placing a lien on a property in Utah are as follows:

• Consult a lawyer and visit the county recorder's office to check for the validity of the lien. The first step is to check for the validity of the lien to ensure that a wrongful lien is not filed. In the case of mechanics lien, it is crucial to ensure that the lien is filed within the stipulated period by state law. Mortgage liens must be filed in such a way that it does not breach the initial lien agreement.
• Prepare the lien document: A lawyer in the state is required by best practices to prepare liens, and the lien must contain the property owner's name, property description, and other relevant details in addition to any other statutorily needed statements.
• Filing and serving the lien: The lien may be served to each party individually or through certified mail requesting a return receipt.

How to Find a Lien on Property in Utah

 To find liens on a property in Utah, interested persons can visit the county recorder's office where the property is located to search through the county property records. A staff member at the county recorder's office will provide visitors with the official in-house database containing information on all the properties in the county. However, certain liens may not have been recorded at the time of a search; hence, for a more thorough search, it is advisable to employ the services of a title company to perform a title search.

Inquirers can also contact the secretary of state's office to find liens on any property in the state. The secretary of state can also provide information on whether a property has existing UCC liens, tax liens, and judgment lien claims.

Property Lien Search By Address

Some Recorders offices in Utah use online mapping systems to record property liens in the state. Interested individuals can visit the county recorder's office to search for property liens by address; however, for most counties in Utah, this is not possible as property liens in the state are usually indexed using the property owner's name.

Free Lien Search on Property

Several third-party sites allow free lien searches on property in Utah. However, these information sources are unreliable and will require that they be checked against lien information from official sources.

What is a Mechanics Lien in Utah?

A Mechanic's lien in Utah is a specific kind of statutory lien that is used to recover costs associated with labor or supplies used in the upkeep, repair, or improvement of real estate. Contractors, subcontractors, artisans, architects, engineers, and workers are among the individuals or organizations who can file a mechanics lien on a property if they are not fairly paid for their work. Anybody who provides labor, supplies materials, or renders services that improve real estate can also file a mechanics lien in Utah. A mechanics lien is intended to give the party that isn't paid a security interest in the property they have worked on.

For a mechanics lien to be valid and enforceable, the notice of lien must be filed within 90 days after a project has been completed as per 38-1a-804 of the Utah code. Additionally, within 30 days after filing the notice of lien, the lien claimant must deliver or mail a copy of the notice of lien to the reported or recorded property owner.

Utah Mechanics Lien Search 

A Utah mechanics lien search is performed at the county recorder's office in the jurisdiction where the property on which the lien is placed exists. The recorder's office keeps cross-reference indexes to lien records. It collects and stores documents related to real estate property, including property lien records. Most of these offices allow only walk-in visits to request a mechanics lien search. However, many also allow online requests for a search with the results delivered through mail. One can, for instance, get information on any mechanical liens placed against a Utah county property by contacting the Utah County Recorder's Office.

What is a Mortgage Lien in Utah?

A mortgage is a loan taken out to buy or keep a house or other piece of real estate. This loan gives rise to a mortgage lien. By taking out a mortgage loan, the borrower consents to voluntarily place a lien on the property in order to use it as security or collateral for the debt. Mortgage liens serve to prove a lender's ownership stake in real estate. Therefore, the mortgage lender can legally take or sell the property if the borrower defaults on the debt.

What is a UCC Lien in Utah? 

A UCC lien in Utah is a legal document that notifies financial institutions and other creditors that an asset has previously been pledged as collateral for a loan from another creditor. UCC liens, often called financing statements, are public notices of a creditor's claim to property that is received by the Secretary of State's office in Utah. The goal of UCC filings is to maintain or "perfect" the security interest in the collateral that has been listed.

UCC Lien Search Utah

To perform a UCC lien search in Utah, citizens can use the Utah Department of Commerce Division of Commerce and Commercial Code self-service portal. The county recorder's office in the area where a property is located may provide land records to anyone looking for UCC liens impacting real estate. To use the self-service portal, individuals can go through the following steps:

• Navigate to the self-service portal.
• Login using a Utah ID or create an account using an email address
• Search UCC records by debtor name or filing number.
• Pay for the copies using a debit card and pay for certified copies of the lien document.

What is a Lien Title in Utah?

A lien title in utah is used to refer to car liens. A title lien is an agreement that grants the lienholder the right to a car until the borrower settles the debt in full. A lien title in Utah can sometimes refer to a property used as collateral for a debt; hence, the lien holder's name is on the official property title.

Utah Title Lien Search

A Utah lien title search for vehicles can be done at the Department of Motor Vehicles (DMV) in Utah. The department offers title searches for a small fee. A VIN (Vehicle Identification Number) or license plate is usually needed to obtain a lien search. Property title searches can be performed at the county recorder's office. Interested persons can visit the office and request a title abstract search on any property within that county.

Free Title Lien Search in Utah

Third-party businesses eligible under the Federal Driver's Privacy Protection Act (DPPA), such as insurance providers outside of Utah, may execute a free lien search.

What is a Judgement Lien in Utah 

A court order creates a judgment lien. If a debtor is judged to have inadequate finances or refuses to pay a settlement, a judgment lien may come from a civil court to enforce a debt. It guarantees the right of a creditor to the earning of the sale of the debtor's private property, which is typically real estate.

A judgment lien on property in Utah typically does not result in a direct sale and financial collection from the judgment debtor. Nevertheless, the lien keeps the debtor from mortgaging or selling real estate until the judgment is satisfied or ends. Judgment liens in Utah are restricted to real estate and cannot be placed on personal belongings. In every county where the debtor owns the property, the creditor must record the judgment with the county recorder to get a judgment lien. In Utah, a judgment lien is effective for eight years after it is attached.

Utah Judgement Lien Search

A judgment lien search can be performed at the county recorder's office, where the debtor's property is located. Interested persons can request a judgment lien information statement or a copy of an abstract of the original judgment from the county recorder's office and the court that handed out the decision. To perform a judgement lien search, the requestor must provide the debtor's name, which is attached to the judgment.

How to Get a Lien Release in Utah

A lien release or notice of release from a lien in Utah is a document showing that the liens' conditions have been satisfied and all payments have been made to the lien holder. In a vehicle lien, a lien release indicates that a debtor has finished paying off the car loan.

To get a lien release document, persons can visit the county recorder's office where the initial lien was recorded to request a lien release document. The two parties involved in the lien agreement must notarize the document. The property title containing the lienholder's name can be removed from a record and cleared, and a new title without the lienholder's name can be issued. Depending on the county, the lien release document costs anywhere from $6-$10.