Maryland Lien Search

A Maryland lien search involves reviewing the state's Land Records for any unpaid debts or liens against a property to ensure a smooth title transfer. These searches are carried out through the Maryland Land Records Department, available at every county circuit court, and identify any liens or encumbrances—such as mortgages, tax liens, or judgments—that may be present on a property. Lien searches are especially relevant to buyers, lenders, and real estate experts. Preemptively detecting liens protects the interests of all parties involved in the transaction. Lien-related matters are typically handled by the state's civil courts, thus their records are considered part of Maryland civil court records. 

What is a Lien in Maryland?

A Maryland lien is a legitimate claim or restriction in Maryland that is imposed on property to ensure that a debt or obligation is paid (Md. Code, Real Property §§ 9-101 to 9-305). Mortgages, tax bills, and judgments are some of the most common causes of liens in Maryland. If these are not paid off, there may be legal repercussions, including foreclosure or property seizure.

Types of Liens in Maryland

There are various types of liens in Maryland. They include:

• Mortgage Liens
• Judgement Liens
• Mechanic's Liens
• Artisans Liens
• Tax Liens

Notwithstanding, liens can be broadly classified according to their type (general or specific), how they voluntarily or involuntarily attach to property, and whether or not attachment is required by law.

General Liens in Maryland

Regardless of when the property was obtained or whether it was used as collateral for the debt, a general lien in Maryland allows a creditor to seize and sell any property possessed by the debtor to pay off the outstanding balance. Tax liens, mechanic's liens, and judgment liens are typical examples.

Specific Liens

In Maryland, specific liens are liens that are attached to a single piece of property to collect money owed on a specific outstanding debt pertaining to that property. These liens are usually restricted to the particular property mentioned in the agreement and result from contracts or agreements between parties. Mortgage liens (following a mortgage loan), property tax liens, and deed of trust liens are types of specific liens.

Consensual vs. Involuntary Liens

Consensual liens in Maryland are established by mutual consent between the parties. For example, a mortgage is a type of voluntary lien imposed on the property to satisfy a debt. The property owner and creditor voluntarily agree to these liens. 

Conversely, involuntary liens, such as mechanic's liens, tax liens, and judgment liens, are imposed in Maryland without the owner's agreement and are usually the result of debt or other legal responsibilities. There is no need for the property owner's consent because these liens are enforced by law or court order. When the debtor defaults on their loan, lien holders may sell real estate property to cover the outstanding amount

Statutory Liens

In Maryland, statutory liens are legal claims filed against property permitted by specific laws or legislation. These liens arise naturally due to the law, not as the consequence of a mutual agreement. Statutory liens in Maryland sometimes take the form of tax liens imposed by the state or local government for unpaid taxes, mechanic's liens for unpaid building work, and landlord's liens for unpaid rent.

What is a Tax Lien in Maryland?

A Maryland tax lien is a legal claim the government makes on a property in Maryland when unpaid property taxes are involved. The federal, state, or local tax authorities may impose a lien on the property to recover unpaid property taxes after a predetermined period. 

The government may act on a tax lien by having a tax collector file a notice of tax lien with the circuit court clerk for the county where the property subject to the lien is located. This is done per the Tax-General Article (§13–805 to §13–812) of the Maryland Statutes.

Are Tax Liens Public Record?

Yes. Unless there are legal exclusions, tax liens are deemed public records under the Maryland Public Information Act and can be viewed by the general public.

Tax liens are filed at the Land Records Department of the circuit court clerk's office in the county where the property is located, in accordance with Maryland Statutes Tax-General Article §13–807. The clerk records and indexes the lien by entering it into the court's judgment docket, providing information such as the subject's name, date, and amount. Maryland Department of Assessment and Taxation, also known as SDAT, maintains real property records, including tax lien information available at county levels. 

Maryland Tax Lien Search

Interested members of the public may conduct a tax lien search through the State Department of Assessment and Taxation (SDAT) via its county offices. Inquirers may also contact the Department of Land Records at the county clerk's office.

The following are the tax lien search options available through custodians:

Online Maryland Tax Lien Search

Interested parties can search for lien information using the real property data search tool on the official website of the Maryland Department of Assessment and Taxation. Depending on the county, they can use the street address, property account number, map/parcel, or property sales information as search parameters. The department offers a Tax Lien search tool called Maryland Tax Connect, which allows interested parties to conduct a search using the debtor's name or case number as the search parameters. Through a dedicated online case search engine, the Maryland Judiciary also makes circuit court judgments and liens accessible to interested parties. Searches can be conducted using the case number as the search parameter.

On their official websites, various counties in the state offer different options for checking the status of tax liens, requesting certificates, or getting contact information for mail requests and in-person visits. Once the inquirer knows which county holds the record they're looking for, they can visit the website to get the necessary information. These counties include Frederick County, Montgomery County, and Baltimore County, among others.

In-person Tax Lien Searches

To inquire about the status of a tax lien in Maryland, visit the county clerk's office and request information from the records department. Requesters can easily file for access by walking in during regular business hours after determining which county the material is kept in. The addresses of the physical offices of the Maryland Department of Assessment and Taxation are listed on their official website. The department is physically located throughout the various counties.

Mail Tax lien Requests

To file a tax lien request in Maryland via mail, the requester must adhere to specific guidelines established by the Maryland Department of Assessments and Taxation (SDAT). The steps to follow are as follows:

• To receive the necessary forms for filing a tax lien request, visit the SDAT website or call them. Complete the forms accurately and completely. Ensure all relevant data is included, such as contact details, information on the property, and specifics regarding the tax lien being sought. 
• The requester may require supporting documentation, depending on the type of tax lien being sought. This may include copies of tax bills, notices, and other pertinent documents. Requesters must make sure to include payment with their submission if applicable. The SDAT website has information on applicable fees. 
• The completed forms, along with any supporting documentation and payment (if applicable), should all be mailed to the address the SDAT has provided.  
• The applicant might need to contact the SDAT again after mailing the request to make sure they received it and to find out when it will be processed. They might provide a tracking number or other details.
• After submitting their request, the requester will have to wait for the SDAT's response. 

Federal Tax Lien Search

Federal tax liens on real property are filed at the office of the clerk of the circuit court of the county where the property lies. However, in some cases, the filing is done at the circuit court of the county where the person resides per the Maryland Code (Sections 3-401 through 3-405), cited as the "Maryland Revised Uniform Federal Lien Registration Act," and the Internal Revenue Manual IRM 5. 

Consequently, anyone wishing to conduct a federal lien search should get in touch with the county clerk's office online, via mail, or in person. For a title search, inquirers can also use a third-party web service to look for tax liens.

What is a Lien on Property in Maryland?

A Maryland lien is a legal claim or encumbrance placed on real estate as security for settling a debt or other commitment. Real property, which includes houses, lands, structures, and commercial spaces, and personal property, which includes all physical and intangible possessions, including cars, upscale goods, and other valuables, are considered property under Maryland Code §1–101 and §1–101 (cc). Liens may result from a number of different things, such as unpaid taxes, unpaid bills to suppliers or contractors, mortgages, court orders, and other debts.

Who Can Put a Lien on a Property?

In Maryland, a lien may be placed on real estate by someone to whom the owner owes money or other obligations. Parties such as lenders, financial institutions, contractors, state and local tax boards, and the courts frequently affix these encumbrances to real estate. For instance, material suppliers, homeowners' associations (HOAs), government agencies, contractors, and subcontractors, as well as judgment creditors in Maryland.

How to Put a Lien on Property in Maryland

Before filing a lien on any property, petitioners are advised to speak with a legal advisor to confirm the state filing requirements for that kind of lien. Various types of property liens can be filed in Maryland, and the procedures for filing them can differ. The following general guidelines are applicable in Maryland for requesting a lien on property:

• There are several kinds of liens in Maryland, including tax, judgment, and mechanic's liens. Before taking any further action, it is crucial to ascertain whether the kind of lien is suitable in this particular case and to validate the complainant's assertions regarding unpaid bills, taxes, or services. 
• In Maryland, certain legal conditions for each kind of lien need to be fulfilled. To ensure compliance, confirming that these standards are fully understood and fulfilled is crucial. Additionally, the plaintiff must verify that the defendant owns the property. 
• Getting the paperwork ready to file the lien is the next step. This usually consists of a lien form (DC-CV-035, Notice of Lien) or paperwork that lists the specifics of the amount owing, the facts of the property, and any other pertinent information.
• The applicant should then submit the lien document to the relevant Maryland office. Depending on the type of lien, a different office will handle the file. For instance, the Circuit Court in the county where the property is situated is usually where the mechanic's liens are filed. It should be noted that in Baltimore City, the lien can be recorded by the court without a request, but in all other counties, the creditor must submit a request to the circuit court to have the lien recorded.
• Depending on the type of lien, the applicant may have to notify the property owner or other interested parties. A follow-up may also be necessary to confirm that papers have been accurately documented, so be careful to abide by any legal notice requirements.
• To enforce the lien, the applicant might need to take additional legal action if the debt is not paid. This can entail starting the foreclosure process or pursuing other possible legal options.

How to Find a Lien on Property in Maryland

To carry out a property lien search in Maryland, contact the county circuit clerk's office where the property is located or where the property owner resides. Depending on the specific kind of property in question, this may be done online, via mail, or in person.  

For information on liens on any property of interest, interested parties may also contact the State Department of Assessment and Taxation (SDAT). The information is freely accessible to interested parties via their web channels and different county offices. 

Property Lien Search By Address

In Maryland, specific search parameters are frequently needed to conduct a property lien search. These criteria typically include the case number, name, county, filing date, and further information. Though the State Department of Assessment and Taxation (SDAT) offers an online search tool that enables users to look for property information using street address as a search parameter, addresses are not often utilized as search criteria for property lien searches.  

Free Lien Search on Property

To conduct a free property lien search in Maryland, visit the county circuit clerk's office during business hours or utilize a free internet search engine offered by a government agency like the State Department of Assessment and Taxation (SDAT). 

What is a Mechanics Lien in Maryland?

A mechanic's lien in Maryland is a legitimate claim made against real estate by someone who has contributed labor, supplies, or services to the building or renovation of that property but has not received payment for them. Contractors, suppliers, subcontractors, and other parties involved in building or remodeling projects frequently file this kind of lien.

By guaranteeing that employees owed money will be compensated through the foreclosure of the relevant property, a mechanic's lien safeguards the rights of laborers. As a result, the owner is prohibited from selling the property or taking any other action until the lien has been paid in full. The rules and laws about mechanic's lien in the state are contained in Maryland Code §9-101 through §9-114.

Maryland Mechanics Lien Search 

The process for performing a mechanic's lien search in Maryland is similar to other lien searches. Inquirers may contact the clerk's office, where the records are kept, to obtain the necessary information. Most custodians offer in-person, mail, and online lien search options.

What is a Mortgage Lien in Maryland?

A mortgage lien is a legal claim against real estate in Maryland to protect the loan used to buy the property. If the borrower defaults on the mortgage as specified in the loan agreement, it grants the lender the legal right to foreclose on the property.

What is a UCC Lien in Maryland? 

A security interest awarded to a creditor over personal property used as collateral for a debt or obligation is known as a UCC lien in Maryland. "UCC" refers to the Uniform Commercial Code, a standardized body of laws that control business dealings in the US. The state's UCC lien laws are found in Section § 9-101 (Title 9) Secured Transactions, Commercial Law, Annotated Code of Maryland.

UCC Lien Search Maryland

Public access to UCC records is provided by the Maryland State Department of Assessment and Taxation (SDAT), which serves as the primary custodian of these files. Anyone wishing to perform a UCC lien search can use the name or file number as search criteria on the SDAT online search engine. Users must be aware that certified copies come with costs: $6.00 (certification fee) for each document and $1.00 for each page.  

What is a Lien Title in Maryland?

A lien title is a document the Motor Vehicle Administration (MVA) keeps on file detailing the amount a car owner owes a secured party (lender). The owner receives a loan from a secured party, who can take back the car if the owner defaults on the debt.

Maryland Title Lien Search

To purchase a vehicle, potential buyers must make sure the title of the car is clear by determining the lien status of the vehicle. This saves them from future problems arising from an unidentified lien, such as having the vehicle repossessed. 

Interested parties can use the Motor Vehicle Administration Online Interactive and Vehicle Record Access tool to carry out a lien status search in Maryland. To have frequent access, users must register and have an account. Customers will typically get monthly bills according to how often they use the website. However, the search fee is $12.00, and to obtain certified copies, a person would pay $15.00, but government-approved users can search for free. Alternatively, interested parties may perform a title lien search in person at any Motor Vehicle Administration (MVA) office location.

Free Title Lien Search in Maryland

In Maryland, title lien searches are not done for free; however, the Motor Vehicle Administration also offers government-approved individuals free access to these resources through the website's interactive online interface.

What is a Judgement Lien in Maryland?

A legislative right granted to creditors to collect money judgments is known as a judgment lien. When the court rules against the defendant (or judgment debtor) in a legal dispute, a non-consensual lien of this kind is created. When the debtor disobeys the court's order, the judgment creditor (plaintiff) can sell or seize the debtor's assets or interest. State rules, however, prohibit the selling of some assets.

In Maryland, real or personal property may be subject to judgment liens. Only when a creditor files a court judgment with the Clerk of Circuit Court in the county where the debtor's property is located does it become a lien on that debtor's property. Except for Baltimore City, where the District Court automatically registers the judgment, this applies to every Maryland county.

If the judgment was rendered in the same county as the debtor's property, a creditor may record it with the Circuit Clerk by submitting the Request to File Notice of Lien (form DC-CV-035). If not, the Request for Transmittal of Judgment (form DC-CV-034) must be submitted when the locations differ.

Judgment liens in Maryland are good for 12 years after they are recorded. However, by filling out and submitting a Request to Renew judgment (form DC-CV-023), this judgment may be extended. More details about filing judgment liens in Maryland can be found in the book Post-Judgment Collection from the Maryland Courts.

Maryland Judgement Lien Search

Interested persons can perform a judgment lien search by contacting the office of the district court clerk in the county where the debtor's property is located or the district court in the case of Baltimore City. These searches can be carried out via the access terminals provided by the clerk's office online, by mail, or on-site. 

Contacting the State Department of Assessment and Taxation (SDAT) to obtain these records is another possible option. Additional resources could include third-party aggregate websites that offer public records; however, there's a chance this alternative will cost some money, and the information's accuracy might be called into doubt.

How to Get a Lien Release in Maryland 

A lien release in Maryland is a formal document attesting to removing a lien from the property. For instance, when someone pays off a debt involving a motor vehicle lien, the lien holder—typically a financial institution—is required to send them a properly filled-out Maryland Notice of Security Interest Filing (SIF) for their car or a letterhead statement certifying that the debt has been paid in full.

Information including the parties' names (creditor and debtor), the property's description, the amount of debt covered by the lien, the lien's date, the debt's payment or satisfaction, and the parties' signatures are usually included in the lien release.

How to Get a Copy of a Lien Release in Maryland

To get a lien release in Maryland, a person must first locate the lienholder, contact them directly, and ask for a copy of the release. Send a written request, if necessary, with the required payment. Alternatively, request assistance from the Maryland Department of Assessments and Taxation or the county clerk's office where the lien was filed if the lienholder is unavailable.