Iowa Liens Records

What is a Lien in Iowa?

According to Iowa Code Title 14, a lien is a claim placed on property and assets following a debtor's inability to repay a loan or fulfill a contractual obligation. Liens can be placed on homes, cars, businesses, and other properties. They may be placed without the debtor's consent, or the parties involved may enter into a voluntary lien agreement. If the debtor cannot repay the lienholder, the lienholder has the legal right to seize all the agreed-upon assets as a form of repayment. The lien may name the assets in the case of a specific lien, but general liens can include any of the debtor's assets. Liens can be adverse, such as when they end in foreclosure or liquidation. However, they can also assist parties in keeping the property, as with mortgage liens. In 2020, 1 in every 12,178 homes in Iowa faced foreclosure after entering into a mortgage lien agreement. Creditors may enforce a lien with judicial orders issued by Iowa courts.

Are Liens Public in Iowa

Yes, the provisions of the Iowa Code allow for the disclosure of liens recorded within state limits. They can be searched in various county recorders’ offices throughout the state. Typically, a lien will remain public information unless it has been discharged, released, or satisfied.

Types of Lien in Iowa

There are several legal tools to ensure the satisfaction of a debt in Iowa. Among these is the act of obtaining a claim to the debtor's property, which may act as security of payment and may serve as a means of recovering money by the sale of the debtor's property if the defaulter does not pay eventually. However, there are different circumstances under which a debt may exist, either by a lapse in contract or by statutory obligation. Thus, various types of liens in Iowa apply to specific situations. Under Title XIV of the Iowa Code, there are 17 different types of liens. The major types include:

• Landlord's Lien: A Landlord's lien is a claim placed upon the crops of a tenant who has defaulted on the rent for leased land on which the crops are grown. The lien also applies to personal property which the defaulting tenant used or kept on the leased premises.
• Agricultural Supply Dealer Lien: This is a lien eligible for use by a supplier of agricultural chemicals. The supplier may place a lien on farmers' crops who defaulted on payment for the products received and used the chemical products.
• Harvester's Lien: An harvester's lien states the right of an individual who performs harvesting services to have a claim to the crops harvested if the owner does not make payment for services rendered.
• Mechanic's Lien: A mechanic's lien affords a person who performed work on a property to claim the property if the owner defaults in payment for the services. The lien may be applied by anyone who supplies materials or labor to work. This includes contractors and subcontractors.
• Veterinarian's Lien: A veterinarian may have a claim to any livestock treated for the number of supplies used and the amount charged for professional services rendered.
• Hotelkeeper's Lien: Hotelkeepers may lay a claim to the baggage of hotel guests to obtain security for money owed.
• Judgment Liens: Judgment liens ensue after a judgment in a civil dispute by a court of law. The lien is automatically attached to the debtor's property to ensure the satisfaction of the obligation stated in the judgment.

How Do I Check for Liens in Iowa?

In Iowa, most governmental agencies maintain electronic repositories to keep records of liens attached to properties in the state. UCC and federal liens attached to properties are available on the search database of the Secretary of State Office. This type of search is conducted using the debtor's name and the city in which the debtor resides. The search results are generated to display the existence or not. Mechanic's lien placed on a debtor's property is accessible on this database as well, including the lien's status, either a preliminary notice or an established mechanic's lien. Alternatively, an individual may visit the office in charge of preserving lien records.

Free Lien Search in Iowa

An interested party may access a lien in Iowa with no charges online via the Secretary of State's Office website, including UCC certified liens, federal liens, and mechanic's liens. Both UCC certified liens and federal liens have similar requirements for searches. The requestor must input the debtor's name, city of residence, and other optional identifying information. On the other hand, a search for a mechanic's lien requires a detailed description of the property, a description of the property owner, the details of the claimant, and the date of filing.

What is a Property Lien in Iowa?

Am Iowa property lien is a legal claim on a piece or pieces of the debtor's property as collateral. If a party cannot repay debts owed to lenders, creditors, or other entities, the lienholder can seize property named on the lien. Tax liens, federal liens, mortgage liens, and mechanic's liens all require assets to be offered. In Iowa, property liens encompass most liens because the property is used as assurance. Property liens can be entered into voluntarily or involuntarily, depending on the debtor's financial situation. Some types of liens, such as mortgage liens, help pay off expensive property. Other types of liens, notably involuntary liens, often result in property loss.

How Do You Know if a Property Has a Lien in Iowa?

The existence of a lien on a property in Iowa may be verified by searching for the name and information of the property owner or the property description online. Properties with liens on them are indicated during the search. In addition, an interested individual may search at the recorder's office in the county where the debtor resides to request more information about a property. Meanwhile, certain recorder's offices have online indexes which offer remote access to identify liens on properties.

Property Lien Search by Address in Iowa

Interested persons can conduct a property lien search by address in Iowa through the county’s recorder’s office where the property is located. In Iowa, property and land records, including property lien records, are maintained at the county level by each county recorder's office. These offices also maintain other public records such as birth, death, and marriage records. Interested persons can visit a county recorder's office in person to conduct a property lien search by address. Alternatively, most county recorder offices maintain online search portal records seekers could use to search and view property records they maintain, including state tax liens and federal liens on properties. For instance, interested persons can use the Polk county recorder’s office online real estate and land records portal to conduct property lien searches for properties located in Polk county.

Record seekers can also use Iowa’s Land Records and the Electronic Services System to find liens on a property. The system is a statewide electronic recording database for land records in Iowa. The database is generated, maintained, and supported by the Iowa county recorders association. Record seekers typically need to log in to access the website's features. Inquirers who do not already have an account can create one for free.

Free Property Lien Search by Address

Members of the general public can conduct a free property lien search by address through online public records search portals maintained by county recorder offices in Iowa. Record seekers can find a county recorder’s property records search portal by visiting the recorder's official website. These search portals typically provide information about a property lien, such as lien extensions, notice of liens, release liens, and tax liens. Some example of these search portals includes Iowa county’s real estate & tax inquiry portal and Johnson county’s real estate search portal.

What is a Tax Lien in Iowa?

Iowa tax liens are a result of unpaid taxes. For a tax lien to take effect, the unpaid taxes can be at the county, state, or federal levels. The Internal Revenue Service (IRS) will notify a party of the debts owed at the federal level. If the party cannot pay the debt, the IRS will place a lien on the party's property. In Iowa, if a party has property taxes that have gone unpaid, the state holds a tax sale to cover the amount owed. The county treasurer administers a bidding process on a debtor's property to make up for unpaid taxes in these sales. Once assets sell, a tax lien is placed on them, and the buyer becomes the lien holder. To remove a tax lien, parties need to pay the debt in full. After paying this debt, there is typically a 60 day waiting period at the county level before the court or lienholder completely removes the tax lien from the property.

Tax Lien Lookup in Iowa

Pursuant to Iowa Code section 422.26, a tax lien on a taxpayer's property is usually a result of unpaid property taxes. Whenever a taxpayer refuses or fails to pay a tax bill, a tax lien can be imposed on real or personal property they own in favor of the state. A tax lien is typically attached to taxpayer property when relevant tax becomes due and can remain attached to the property for up to ten years. The lien is only released when the unpaid property taxes are fully paid off or the lien’s statutes of limitation (10 years) expire.

As earlier stated, property records, including tax lien records, are maintained at the county level in Iowa by county recorders' offices. Hence, interested persons can query the recorder's office of the county where a property is located to check for liens on relevant properties. For instance, record seekers can look up tax lien on a property in Iowa county by visiting the county’s recorder's office during regular business hours, Monday to Friday, 8:00 am - 4:30 pm. Alternatively, record seekers can use the Real Estate and Tax Inquiry portal maintained by the Iowa county recorder’s office to find liens on a property in the county.

For a state-wide search, record seekers can use Iowa’s Land Records and the Electronic Services website to check for liens on property located anywhere in Iowa. Record seekers can also search state court records to check for liens on property in the state. Thus, interested persons can use the Iowa Judicial Branch Electronic Docket Records website to check for liens on a property through court records.

What is a Mortgage Lien in Iowa?

Mortgage liens in Iowa are voluntary liens entered into by a party or parties to aid in paying off a home. Mortgage liens allow parties to have a payment plan instead of paying the house's total amount upfront. The mortgage lender places the lien on the property for collateral. These liens can benefit many if the payments remain consistent, but missed payments and unpaid debt can lead to home foreclosure.

What is a Mechanics Lien in Iowa?

Mechanic's liens are liens taken out against private property or public funds for projects if a worker or Iowa company does not receive compensation. According to Iowa Code Title 14 Chapter 572.2, the following people can file a mechanic's lien:

• Workers who furnish any material or perform labor on a building or land for improvement, alteration, or repair;
• People involved in the construction or rehabilitation of property;
• People who participated in grading, sodding, installation, landscaping, sidewalk building, fencing on a property;
• General contractors and subcontractors.

A mechanic's lien guarantees that people are paid for their labor when contracted by a company or private party. If the property owner still does not adequately compensate the laborers, the lien holders can legally seize the property or public funds involved in building a property.

What is a UCC Lien?

A Uniform Commercial Code (UCC) lien refers to creditors' legal actions to establish interest in a piece or pieces of a debtor's property. Creditors and lenders can file UCC forms to obtain the collateral property's rights. Collateral property can include products being sold, household items, automobiles, and entire properties. The Uniform Commercial Code (UCC) is a collection of legislation regulating the buying and selling of goods and services. Often, these liens involve commercial businesses if the owner has unpaid debts. Owners can remove a UCC lien by paying back the debt in full.

Records regarding debtors who have had UCC liens taken out against their property are made available on the UCC Certified/Federal Liens search tool. Parties can make a UCC filing online at the Iowa Secretary of State website. Alternatively, UCC filings can be submitted in-person or by mail to the following address:

1007 East Grand Avenue
Room 105, State Capitol
Des Moines, IA 50319

How to Conduct a UCC Lien Search

A UCC lien search can be conducted in Iowa by querying the Iowa Secretary of State office. The Secretary of State maintains the UCC Certified/Federal Liens Search service that record seekers can use to conduct remote UCC lien searches in Iowa. This service is free to use. A record seeker must select "UCC" as their "search type" and enter either a subject's or company's information or a UCC filing number to conduct a UCC lien search through the service.

What is a Judgment Lien?

Judgment liens occur as the result of a civil lawsuit and are typically involuntary. When a court rules in a creditor's favor, it issues a judgment to the debtor. The judgment orders that the debtor must fulfill all financial obligations to the creditor. If the debtor still cannot or will not pay, the judgment also acts as a lien on the party's property. The lienholder can seize the property. To debtors, judgment liens are involuntary and act to persuade parties to pay their debts. If the party does agree to pay back debts, the court will work with them to create a repayment plan. Otherwise, the creditor will gain ownership over the property named on the lien.

What is a Federal Tax Lien

A federal tax lien is a legal claim that the government has against a taxpayer's assets when they neglect or fail to pay a tax obligation, according to Internal Revenue Code (IRC) § 6321.

As a general rule, a federal tax lien remains in effect on a taxpayer's property until the due bill is paid in full or until the Collection Statute Expiration Date (CSED), after which it becomes no longer enforceable.

What is a Lien Title?

A lien title is a legal claim one person has against another person's real or personal property. A lien can be recorded against a property title for various reasons, including but not limited to when financing the acquisition of a property and utilizing a property as collateral for a loan. In essence, a lien on a property title gives its holder ownership rights to the property in question if the owner fails to make the agreed-upon payment to recoup losses they incurred.

Where and How to Do a Title Search in Iowa

The process of looking through public records to identify the true owner of a certain piece of property is known as a "title search". A title search is used by both individuals and businesses to find out if a property is subject to any liens, claims, or other encumbrances.

In Iowa, interested parties can conduct a title search on a piece of real estate or property at the county level by querying the recorder's office of the county where the property is located. On the website of the state's judicial branch, interested parties can also check a property title for liens. Meanwhile, interested parties in Iowa can conduct a vehicle title search through the state Department of Transportation.

Voluntary Lien vs. Involuntary Lien in Iowa?

When property owners enter into an agreement stating that another party can use the owner's property as collateral, this is a voluntary lien. Voluntary liens are beneficial for parties who acquire loans and are sure to pay back the debt acquired on it. Personal and business loans can be considered voluntary liens and mortgages. Liens can call for the debt to be paid by a specific date or for the debt to be paid back little by little. Failure to reimburse can lead to the property named in the agreement being seized. Liens can also be placed on property without the debtor's consent. When this happens, it is called an involuntary lien. Involuntary liens may also result in property confiscation or foreclosure.

How Creditors Collect Payment Through a Lien

Since liens are a legal claim to one or more of the properties of a debtor, a creditor collects payment through a lien either by possessing, repossessing, or executing on the debtor's property. The creditor may take direct ownership of the debtor's property, thus recovering the money owed, or having the sheriff of the county in which the debtor lives execute on the debtor's property by organizing a sale of the property and remitting the money to the creditor.

How Do I Get a Lien Removed in Iowa?

The best way to remove a lien in Iowa is to pay off a debt in its entirety or to the satisfaction of the creditor. Thus, the creditor acknowledges satisfaction of the debt, and the court removes the lien. A lien is also removable if the debtor challenges the lien in court and the court rules in favor of the debtor. This is a viable option for a lien generated in controversy and in which the debtor believes that no money is owed or that the claimant is the one who is supposed to make a payment. If the claimant cannot reasonably prove that the lien is justified and should be imposed, the court annuls the lien. A judgment lien, in particular, may be lifted by the court process, either by appealing the case for which a judgment was entered or having the decision set aside.

A lien may be lifted by simply waiting out the duration of validity of the lien. Each type of lien has a particular period within which it is valid. Once this time elapses, the lien becomes void. This is only an option if the creditor is unwilling or unable to enforce the lien.

How Long Does a Lien Stay on Your Property in Iowa?

Like other civil actions, liens have a specified period within which they are applicable (statute of limitations). Hence, each type of lien in Iowa has a specific duration within which it is enforceable.

• Landlord Lien: A landlord's lien is valid for one year after the rent for the leased land falls due.
• Mechanic's Lien: A mechanic's lien lasts for up to two years and ninety days. The lien is enforceable within two years from the expiration of ninety days after the date on which the last material or labor was supplied.
• Miner's Lien: A miner's lien is enforceable within the timeframe as a mechanic's lien as it is valid for two years and ninety days.
• Hospital Lien: A hospital lien is legal for up to one year.
• Hotelkeeper's Lien: This type of lien does not elapse, and the hotelkeeper may sell off the baggage of the defaulter after ninety days from the seizure of the defaulter's baggage.
• Judgment Liens: Judgment liens are active for up to ten years after the judgment is entered and are even still applicable if the property changes hands.

How to Avoid a Lien in Iowa

A loanee may avoid a lien in Iowa by paying all due debts before the creditor has reason to believe the debtor may not pay. This includes making immediate payment for all services rendered and purchases. Statutory liens, such as those imposed by a judgment, are created automatically after the ruling and may not be avoidable. However, if the case is adjudged in a county separate from where the debtor owns the property, the lien is not automatically attached. Still, it must be filed for by the creditor in the district court in which the property exists. Again, a defaulter may prevent this lien by satisfying the debt before the creditor files for the lien.