Pennsylvania Lien: A Complete Guide to Liens in the State

A lien is a judgment that allows a creditor to lay claim to a property to secure repayment of a debt or obligation. Once the liens are filed in the county Prothonotary’s Office, they provide creditors with the right to enforce the court judgment. They also prevent debtors from selling, refinancing, or transferring ownership of the property until the lien is resolved.

What Is a Lien in Pennsylvania?

In the Commonwealth of Pennsylvania, a lien is a charge on a debtor’s real or personal property due to debts or obligations. Liens give the creditor a legal right to claim an interest in a debtor’s property until repayment is made. They may be enforced on homes, land, commercial buildings, vehicles, business assets, or equipment that belong to the debtors. The liens must be recorded in the county Prothonotary’s Office or the Recorder of Deeds' Office where the property is located. Liens are classified as part of the public record, notifying buyers, lenders, and title companies of outstanding obligations.

Types of Liens in Pennsylvania

Different types of liens may be filed in Pennsylvania, depending on the type of case. Some of the common liens include:

1. Tax Liens - These are liens filed by counties, municipalities, or government agencies on property owned by individuals or corporations for failure to pay taxes. According to Section 119.11 and Section 35.3, tax liens take priority, and failure to satisfy them may lead to foreclosure or tax sales. The IRS handles tax liens on behalf of the federal government.
2. Mechanic’s or Construction Liens - These liens are filed by licensed contractors, subcontractors, or other professionals against a property due to unpaid services rendered or materials. According to the Mechanics’ Lien Law, contractors or professionals may only file claims for services or debts of more than $500.
3. Judgment Liens - Under the provisions of Chapter 81 of the Pennsylvania Statutes, these liens are granted by a court against a debtor for a creditor. They are recorded against the debtor’s property.
4. Mortgage Liens - These happen over properties used by lenders as collateral or security for a mortgage. This is common in financing real estate purchases and remains active until the loan is fully satisfied and released.
5. HOA Liens - Under the Uniform Condominium Act, homeowners’ associations may file a lien against homeowners for unpaid dues, unpaid assessment fees, or delinquent utilities.

How to Search for Liens in Pennsylvania

The Pennsylvania Right to Know Law lists court records, including liens, as public records in the state. Anyone interested in liens may obtain the information through:

• County Recorder of Deeds Offices: The public may contact the recorder of deeds office, located in every county, to access liens and property filings. They must provide information such as the lienholder name, parcel ID, or property address to search the records.
• Unified Judicial System of Pennsylvania Web Portal: The Pennsylvania Judicial Branch provides a Case Search Portal allowing the public to access court records, including judgments.
• Online County Systems: Larger counties such as Philadelphia, Allegheny (Pittsburgh), and Montgomery offer online property and lien record access.
• TitleCompaniesandThird-PartyServices: Some companies offer third-party services to the public. The people may conduct a full lien search, especially in real estate transactions. At the end, it is better to view the liens from the official source.

Lien Records in Major Pennsylvania Cities

In general, lien filings include creditor information, debt amounts, filing dates, and property descriptions. Individuals interested in liens for cities must obtain the documents from the county offices. Examples include:

• Philadelphia (Philadelphia County): The Philadelphia Department of Recordsmaintains lien and property filings, with online access to the public.
• Pittsburgh (Allegheny County): Allegheny County Recorder of Deeds provides property and lien search services to interested individuals.
• Allentown (Lehigh County): Lien records are available through the Lehigh County Recorder of Deeds.
• Erie (Erie County): Erie County Recorder manages lien and deed records.
• Reading (Berks County): The Berks County Recorder of Deeds maintains property and lien filings.

How Long Does a Lien Stay on Property in Pennsylvania?

The duration of a lien in Pennsylvania is different and depends on the kind of lien it is. Generally, they include:

• Property Tax Liens: They are active until the taxes are paid or the property is sold at a tax sale. The redemption rights typically last 9 months to 1 year, depending on the type of tax sale.
• Mechanic’s Liens: They must be enforced within 2 years of filing, or they may expire.
• Judgment Liens: These liens are valid for 5 years, but may be revived in court for another 5 years.
• Mortgage Liens: They remain active on the property until the mortgage is fully repaid and a satisfaction is recorded.

How to Remove a Lien in Pennsylvania

In Pennsylvania, there are certain ways to remove a lien from property, including:

• PayingtheDebtinFull: This is the fastest way, as the lienholder must issue a satisfaction or release, which must be recorded with the county recorder of deeds.
• Negotiating a Settlement: Debtors may negotiate with their creditors to accept reduced repayment terms.
• Court Petition: Debtors may march to court to demand the removal of any fraudulent, invalid, or improperly filed liens on their property.
• Recording a Satisfaction or Release: Even after debtors have completed their payment, they should ensure the lienholder files a release to clear the property’s title.

Liens in Pennsylvania are an essential tool for creditors while placing important responsibilities on debtors. They ensure that debts are addressed before property can be sold or refinanced. It is crucial for individuals and corporations to understand the procedures and all circumstances surrounding liens in Pennsylvania.

Pennsylvania enforces strict filing deadlines and redemption rules for liens, so interested persons may contact a county recorder of deeds, a title company, or an attorney. With the right approach, property owners can maintain clear titles and smoother real estate transactions.