Yes, you can sell a house with a lien, but the lien must be paid from the sale proceeds at closing. This comprehensive state-by-state guide explains the types of liens, how they affect sales, and the legal requirements in each state.
Types of Liens on Real Estate
1. Property Tax Liens
Unpaid property taxes create a lien that takes priority over most other liens. These must be paid before or at closing.
2. Mechanic's Liens
Contractors, subcontractors, or suppliers who haven't been paid can file mechanic's liens. These must be resolved before closing.
3. HOA Liens
Unpaid homeowners association fees create HOA liens. These are typically paid from sale proceeds.
4. IRS Liens
Federal tax debt creates IRS liens that attach to all property. These have priority and must be addressed.
5. Judgment Liens
Court-ordered debts create judgment liens. These must be satisfied before or at closing.
State-by-State Guide
| State | Can Sell With Lien? | When Must Be Paid | Special Requirements |
|---|---|---|---|
| Texas | Yes* | At closing | Title company handles payment |
| Missouri | Yes* | At closing | Must be satisfied before deed transfer |
| Oklahoma | Yes* | At closing | Title company coordinates payment |
| Tennessee | Yes* | At closing | Liens paid from sale proceeds |
| North Carolina | Yes* | At closing | Must clear before deed transfer |
| South Carolina | Yes* | At closing | Title insurance required |
*Liens must be paid from sale proceeds at closing. You cannot transfer property with unpaid liens.
How to Sell a House With a Lien
Step 1: Identify All Liens
Conduct a title search to identify all liens on the property. This is typically done by a title company.
Step 2: Determine Lien Amounts
Get payoff statements from each lienholder showing the exact amount owed, including interest and fees.
Step 3: Calculate Net Proceeds
Subtract all lien amounts and closing costs from the sale price to determine your net proceeds.
Step 4: Pay Liens at Closing
The title company or escrow agent will pay all liens from the sale proceeds before distributing your net proceeds.
Working With Cash Buyers
Cash buyers often purchase properties with liens because:
- They understand the lien resolution process
- They work with title companies to handle liens
- They can close quickly even with liens
- They factor lien costs into their offer
Additional Resources
For more information about property liens and legal requirements, visit these authoritative sources:
- Consumer Financial Protection Bureau - Consumer protection and financial information
- HUD (Housing and Urban Development) - Government housing programs and information
- IRS - Tax Information - Federal tax information and resources
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