The liens that show up on Ohio title searches
A lien is a legal claim against the house that has to be paid or released before a buyer gets clear title. These are the ones a Northeast Ohio title search turns up most:
| Lien | How it attaches | How long it lasts |
|---|---|---|
| Judgment lien | Creditor files a certificate of judgment with the clerk of common pleas in the county (R.C. 2329.02) | Dormant after 5 years unless renewed (R.C. 2329.07) |
| Mechanic’s lien | Contractor files an affidavit with the county recorder, within 60 days of last work on a 1-2 family home (R.C. 1311.06) | 6 years, or until judgment if a suit is filed (R.C. 1311.13) |
| Federal tax lien | IRS files a notice of federal tax lien | Until paid, discharged or expired |
| Child support lien | The child support agency may assert one after a final default finding (R.C. 3123.66) | Until satisfied |
| Water or sewer charges | City certifies an owner-occupant’s unpaid water charges to the county auditor’s tax list (R.C. 743.04); sewer charges are a lien on the property served (R.C. 729.49) | Collected like property taxes |
| Property tax lien or certificate | Delinquent taxes, or a tax certificate sold to an investor | Until paid or foreclosed |
Mortgages and home equity lines are liens too, but those are usually expected. For delinquent taxes and tax certificates, see selling a house with back taxes.
Finding liens before a buyer does
Knowing your liens early gives you time to fix them. In Summit County, two public sources cover most of them:
- The Fiscal Office’s online document search has recorded documents, including mortgages and mechanic’s liens, from 1988 forward. The Recording Division says it doesn’t do title searches.
- The Clerk of Courts’ public records search shows court cases and judgments.
Stark, Portage and Medina counties have their own recorder and clerk offices with similar searches. A title company’s search is still the full answer, because it checks names, parcels and court records together. The guide on how to check for liens on your property in Ohio walks through each source.
How liens get paid or released at closing
On a normal sale, the title company gets a payoff for each lien, pays it from your proceeds, and records the release. For some state liens in Summit County, the Clerk of Courts says the debt must be paid in full and the agency must provide the original release, with a $60.50 fee for Ohio Department of Taxation, Bureau of Workers’ Compensation, child support and City of Akron liens.
Some liens can be cleared without full payment:
- A dormant judgment past five years with no renewal is no longer a lien. Your attorney can confirm and ask for it to be cleared.
- A mechanic’s lien can be challenged. Under R.C. 1311.11, you can serve a notice to commence suit; if the contractor doesn’t sue within 60 days, the lien is void. You can also post a bond to move the lien off the house.
- A disputed or old judgment can sometimes be settled for less, especially when the creditor would otherwise get nothing.
The judgment lien guide covers dormancy and revival in more detail.
IRS liens and the certificate of discharge
A federal tax lien doesn’t stop a sale, but the IRS has to sign off. IRS Publication 783 explains how to apply for a certificate of discharge on Form 14135 at least 45 days before the closing date. The IRS can discharge the property when:
- the property left still covers the lien,
- you pay the IRS the value of its interest,
- the IRS’s interest has no value because senior debts exceed the property’s value, or
- the sale proceeds are held in escrow for the IRS.
When you sell your main home under one of those last two grounds, you may also qualify for a relocation allowance. See the guide on an IRS tax lien on a house sale.
Tell the title company about any lien you already know of, even one you believe was paid. A copy of the payoff letter or release you kept can save days of tracking down a creditor.
When the liens add up to more than the house
If the liens exceed what the house will sell for, a sale only closes when some creditors accept less. That’s a negotiation, usually with the help of an attorney, and it needs a written offer to work from. Mortgage shortfalls are a separate track; see selling a house worth less than you owe. When you want to see where you stand, send us the address and we’ll start title as soon as there’s a signed agreement.
