Ohio Lien Search

An Ohio lien search is an inquiry performed to uncover any outstanding liens on a property. Liens serve as security for a debt or obligation. An Ohio lien search typically reveals encumbrances or restrictions on the title of a property likely to affect its transfer or ownership. 

The process of an Ohio lien search involves the examination of public property records held by various government agencies and third-party repositories. In Ohio, liens are managed and disseminated by the Ohio Secretary of State, the Ohio Bureau of Motor Vehicles, or the County Recorders offices in the state's various judicial districts. 

What is a Lien in Ohio?

Ohio liens are legal claims against properties for debt payment. The lien essentially prevents the sale or transfer of property ownership until the debtor's obligations have been satisfied. It also authorizes the sale of the property by the creditor within the provisions of the lienholder's legal rights. In Ohio, liens offer legal protection to various individuals and professionals, including property owners, investors, contractors, subcontractors, material suppliers, and laborers.

Types of Liens in Ohio

There are different kinds of liens in Ohio, depending on their source and application. Liens typically arise from various sources, including court actions, unpaid property taxes, business taxes, mortgages, and home equity loans. Ohio lien types include:

• Ohio Commercial Broker Liens
• Design Professionals and Surveyors Liens
• Ohio Satisfaction Mortgage Liens
• Ohio Mechanics Liens
• Ohio Car Title Liens
• Ohio Medical Liens
• Ohio State Tax Liens
• Uniform Commercial Code (UCC)
• Ohio Judgement Liens
• Bank lien or liens on bank accounts

Ohio liens are also broadly classified based on specific parameters, such as:

• Their nature (general or specific)
• How they attach to property (voluntarily or involuntarily)
• Whether the attachment is mandated by statute.

General Liens in Ohio

General liens provide the lienholder a legal claim over all or some of the debtor's property. In this case, the creditor may sell any of the ower's property to satisfy the debtor's obligations. An example of a general lien is judgment liens that attach to all real and personal property and bank liens that affect the debtor's bank account. 

Specific Liens

Specific liens offer a legal claim against a particular property to secure a debt. An example of a specific lien is a real estate lien or mortgage lien on a house, ensuring home loan repayment. They authorize the creditor to sell real estate property to cover unpaid debt.

Consensual Liens

A consensual is a lien obtained with the debtor's consent, like a mortgage or lien title on a vehicle.

Involuntary Lien

A creditor can petition the court to impose an involuntary lien without the debtor's consent if the debtor falters on their agreement. Some examples of involuntary liens are tax or judgment liens. 

Statutory Liens

Statutory liens are automatically created following the debtor's violation of a law or statute. An example of this kind of lien is a mechanic's lien for contractors who improve tangible property.

What is a Tax Lien in Ohio?

In Ohio, a tax lien is a legal claim by the government on a property for the non-payment of property taxes. The government can file an Ohio tax lien when property owners are behind with their property tax payments. The county treasurer's office is often in charge of managing property tax collections, and they can place a lien against a property to secure unpaid taxes.

Ohio tax liens are usually matters of public record. Details of properties with tax liens, such as the amount owed and other important information, may be retrieved from public records. Once the tax debt resolves, a tax levy on a property may make it easier to sell or refinance. 

Ohio Tax Lien Search

Interested members of the public may conduct an Ohio tax lien search by following these steps:

• Find the county where the property is situated: Each Ohio county has an auditor's office which maintains and dispenses property-related information relevant to its jurisdiction;
• Visit the official website of the relevant county auditor: For instance, the Franklin County Auditor has a dedicated website where property tax assistance resources are made publicly available; 
• Find a property search tool or database on the county auditor's website: This tool allows the public to search for property information using the property's address, owner's name, or parcel number;
• After locating the public property record relevant to the search, review the information provided for tax liens. It may detail the amount of unpaid taxes, tax lien amounts, and whether the property is current on tax payments;
• Look for tax lien certificates per Oh. Rev. Code 5721.30. Investors purchase these certificates from the County Auditor's Office or the County Treasurer's Office when a property owner defaults on paying their property taxes;
• If the tax lien information is unavailable through the County Auditor's Office, contact the County Recorder's Office. This office keeps records of transactions involving properties, including tax liens;
• If the tax lien information is unavailable through the County Auditor's Office, check with the County Recorder's Office. The process for accessing tax lien information is typically the same across most custodians;
• Besides the official county websites, third-party web databases collect and consolidate property information, including tax liens.
• If problems arise or additional support is necessary, consider consulting with a title company or real estate agent.

Federal Tax Lien Search

Federal tax lien searches in Ohio help individuals and organizations verify any unpaid federal tax liens. A federal tax lien is a legal claim by the government on a person's property when they fail to pay their national tax debt—the county where the taxpayer resides or operates their business processes and files federal tax liens. At the local county recorder's office, inquirers may access the online database and find out about federal tax liens about a particular individual or business.

The following are some federal tax lien search options:

• The IRS has an online tool called the IRS.gov Search Tool that users can use to search federal tax liens. Users can input the taxpayer's or business name to check for unpaid federal tax liens.
• Federal tax liens may be on credit reports, thus affecting credit scores. Inquirers may request a credit report from one of the leading credit bureaus to obtain information about federal tax liens.
• Tax professionals and legal services usually have access to comprehensive databases and may be able to conduct a thorough federal tax lien search for their clients. However, these resources may be inaccessible to individuals.

What is a Lien on Property in Ohio?

In Ohio, creditors use a lien on real property as a legal instrument to indicate that property serves as security for a debt or obligation. This lien gives the creditor the right to take possession of the property or put it up for sale to pay back the debt if the debtor fails to fulfill their commitment.

Who Can Put a Lien on a Property in Ohio?

Several parties can attach liens to the property in Ohio. They include contractors, subcontractors, suppliers, and professionals who make the labor, material, or service to the property improvements or construction per Ohio Rev. Code § 13.01.

Individuals who have worked and supplied materials or services to upgrade the property apply the mechanic's lien, while judgment creditors may post the judgment lien. Furthermore, certain government agencies may put liens to indicate unsettled debts or obligations.

How to Put a Lien on Property in Ohio

Before filing a lien, the lienholder or petitioner may be required to issue a pre-lien notice. Depending on the type of lien in question, the process may involve providing a Lien Affidavit in the county where the property is situated. The affidavit must include information about details of the work undertaken or debt incurred as well a the property description.

The next step is to file an affidavit with the clerk's office. Afterward, the lien claimant must serve notice of the lien to the property owner within a specific period. If the debts are unpaid, the lienholder can take legal action to enforce the lien, for example, by forcing a sale of the property to satisfy the debts.

Some additional legal considerations and restrictions when filing a lien in Ohio are as follows:

• The deadlines for lien filing are important, and missing them may lead to the waiver of lien rights;
• The contents of the lien documents must be in compliance with state statutes;
• In some cases, deliberately filing a fraudulent or counterfeit lien will lead to legal action.

How to Find a Lien on Property in Ohio

In Ohio, there are several options for conducting property lien searches. They include:

County Recorder's Office:

The primary resource for property information is the County Recorder's Office. This office serves as a comprehensive repository of public records related to its judicial district. To find property liens through a county recorder's office, visit the office in person or contact them via phone or email. Inquirers will typically be required to provide information related to the property to facilitate the search. 

Online County Records:

Several Ohio counties provide online access to public record information, including property liens. For instance, the Hamilton County Recorder's Office provides an online portal where users can input property details to retrieve comprehensive lien information.

Title Companies and Third-Party Aggregate Sites:

Title companies specialize in real estate transactions and are valuable sources for property-related data, including information on existing liens.

Similarly, several online services aggregate public records data, offering users a platform to access property information, including lien information.

County Courthouses

Physical courthouse records remain a traditional but reliable source of public records, and they often maintain property lien information.

For example, inquirers may visit the Franklin County Courthouse to access original records and search for any property liens associated with a particular parcel.

Free Lien Search on Property

Many Ohio counties operate online databases from which users can perform a free lien search. To use these resources, the inquirer must first find out the official website of the county where the property of interest is. However, it is worth noting that while some sources may be accessible, the most up-to-date and detailed information may be behind a paywall.

What is a Mechanics Lien in Ohio?

According to the Ohio Revised Code, a mechanics lien, also known as a construction lien or contractor's lien, is a legal claim on a property that a contractor, subcontractor, or supplier can place to secure payment for the materials or labor provided for a construction or improvement project. This lien attaches a claim on the property and gives the creditor a right to payment if they are not paid for their labor or materials.

Ohio Mechanics Lien Search

To conduct a Mechanics lien search in Ohio, inquirers may follow these steps:

• Determine the property's location and visit or query the County Recorder's Office for a mechanics lien search;
• Inquirers will typically be required to provide detailed information about the property, including the owner's name or the address;
• Check for notices of commencement, particularly instances where a property owner may have submitted an NCR (Notice of Commencement);
• Ensure adherence to deadlines related to mechanics liens, as failure to implement the lien within the stipulated timeframe will result in its expiration;
• Consider consulting with a reputable title company or engaging the services of an attorney specializing in real estate matters. Their expertise can provide valuable insight and guidance throughout the process.

What is a Mortgage Lien in Ohio?

In Ohio, a mortgage loan typically results in the creation of a mortgage lien. A mortgage lien is a legal right of the lender to obtain security or collateral from the asset used by the borrower for repayment of the loan taken for property purchase. The borrower takes the property as the security for the loan, and the lender is entitled to take possession of the property if the borrower defaults in delivering the loan or providing the agreed-upon terms.

The process of filing a mortgage in Ohio begins in the county where the property is situated. The lien informs the public and other mortgagees that the property has been liened, and the lienholder has a right to pursue legal action in the case of default. A mortgage lien indicates the position of all parties in the chain of title deeds for a property. During a property sale, a title search reveals all liens from the property's inception.

The first mortgage recorded takes precedence over others recorded later in the system. In the event of loan default, the lender has the right to initiate foreclosure proceedings, which involve court actions allowing the lender to sell the property to cover the outstanding loan amount.

When seeking to refinance a property in Ohio with an existing mortgage lien, the lien must be paid off or subordinated to the new loan to secure approval for the refinanced loan. Repaying the principal amount on the loan increases equity in the property over time.

What is a UCC Lien in Ohio?

In Ohio, a Uniform Commercial Code lien (UCC), or security interest, is a right that a secured party gains from a debtor under the UCC. The UCC is a set of uniform laws that prescribes how commercial business transactions will be regulated, especially regarding secured transactions. UCC lien comes after a debtor promises to secure a loan or an obligation.

UCC Lien Search Ohio

Performing a UCC lien search in Ohio involves accessing the online system provided by the Ohio Secretary of State. To conduct a comprehensive search, follow these steps:

• Navigate to the official website of the Ohio Secretary of State;
• Provide the required personal information of the debtor or collateral person to initiate the search process;
• Identify and click on the specific UCC filing relevant to the lien being investigated;
• Access more detailed information related to the lien by reviewing the contents of the selected UCC filing;
• Contact the Ohio Secretary of State for guidance if further assistance is needed. Depending on the urgency or nature of the inquiry, individuals can request additional documents associated with the filed information.

What is a Lien Title in Ohio?

In Ohio, title liens are typically recorded with the Ohio Bureau of Motor Vehicles (BMV). Vehicle titles feature the lienholder's information, and the titles help protect the lender's interests and inform potential buyers about any outstanding financial obligations tied to the vehicle.

Ohio Title Lien Search

Performing a title lien search in Ohio involves calling the BMV or using their online services. The process is as outlined below:

• Visit the OHIO BMV website or Ohio's online vehicle services portal.
• Locate the platform for searching title and lien information, like the National Motor Vehicle Title Information System;
• Enter the necessary information corresponding to the instructions, e.g., the VIN or the car title. 
• The online system must show the information on whatever liens are related to the vehicle;

Inquirers may also visit the nearest Ohio Bureaus of Motor Vehicle License Agencies. Inquirers may also need to provide information to facilitate the search, including the VIN and title number.

What Is a Judgement Lien In Ohio?

An Ohio judgment lien is a legal right held by a creditor over a debtor's property resulting from a court judgment. The court issues an order recognizing the creditor's interest, indicating the potential for a judgment lien. This lien is specifically attached to the debtor's real estate, granting the creditor a legal stake in that property. The purpose of a judgment lien is to safeguard the creditor from the risk of financial loss by allowing them to recover the debt from the debtor through the sale of the property under the lien, thereby satisfying the judgment.

Implications of Judgment Liens in Ohio for Individuals or Businesses:

• Encumbrance of Property: A judgment lien may be placed on the debtor's real properties, such as a house or land.
• Impact on Credit Score: While a judgment lien can negatively affect a borrower's credit score, it may also result in a lien on the real estate, lowering overall creditworthiness.
• Forced Sale of Property: A court can authorize a creditor to compel the sale of a property to offset the debt. The proceeds from the sale are then utilized to satisfy the judgment owed to the creditor.
• Priority of Liens: In Ohio, judgment liens are typically prioritized based on the order in which they are officially recorded. Priority determines the sequence in which creditors are paid from the proceeds of a forced sale.
• Exemptions and Protection: State law provides specific personal exemptions, such as homestead exemptions, protecting certain properties from being sold under a judgment lien as a last resort.

Ohio Judgment Lien Search

To perform a judgment lien search in Ohio, individuals can use the following methods:

• Utilize online tools for the search;
• Contact the Clerk of Courts in the relevant county;
• Check the official website of the County Recorder's Office;
• Examine public records to identify any existing judgments against a specific individual or entity.

Judgment liens are typically filed against the real property of a judgment debtor and are often recorded and listed under the names of the parties involved. Interested parties can also review grantor-grantee indexes, loan information, and judgment dockets for relevant entries related to the individual or entity under investigation.

When conducting a judgment lien search, be prepared to cover any applicable costs associated with accessing information or obtaining document copies. These fees may vary by county.

How to Get a Lien Release in Ohio

Per Ohio revised statutes, a lien release is a legal document that officially confirms the removal or satisfaction of a lien on a property. Upon fulfilling the terms of a debt, lien releases are issued to acknowledge that the debt has been satisfied and the lien on the property is no longer valid.

To get a lien release in Ohio:

• Satisfy the Debt: Fulfill the outstanding debt entirely, encompassing any interest or fees tied to the lien. Ensure compliance with Ohio Revised Code (ORC) provisions governing debt satisfaction.
• Request Release of Lien Form: Contact the lienholder and request a Release of Lien form. Per Ohio law, some lienholders may automatically furnish this Form upon receiving the final payment.
• Complete and Submit the Release of Lien Form: Fill out the Release of Lien form meticulously, providing accurate information in alignment with Ohio statutory requirements. Include property details, lienholder information, and the satisfied debt amount as mandated by applicable statutes. Subsequently, submit the completed Form to the county clerk or another designated entity per ORC guidelines.
• Confirmation of Lien Release: Upon processing, expect confirmation of the lien release. This confirmation may be issued in the form of an official document or notice.

How to Get a Copy of a Lien Release in Ohio

To acquire a copy of a lien release and verify property details, individuals should contact the AG's Office hotline at 614-752-7541 for assistance. For the most accurate information, contact the local county recorder's office, which is tasked with maintaining public records relevant to its judicial district.