Nevada Lien Search

A Nevada lien search is the process of examining public records to determine any outstanding liens against a property in the state. Lien searches involve inspecting public records held by government agencies, including county recorders. Nevada lien searches are done for various reasons, including the following: 

• Ensure that the property is free from any outstanding debts or obligations.
• Establish clear title ownership of the property.
• Assess the risk associated with providing a mortgage or loan against a property.
• Negotiate the purchase price or terms of the transaction from the information obtained through the search.

What is a Lien in Nevada

In Nevada, a lien is a legal claim or encumbrance placed on property as security for the payment of a debt or obligation. A lien grants its holder a valid interest in a property. Consequently, if the debt or obligation underlying the lien is not satisfied, the lienholder has the right to pursue legal action against the property owner, potentially leading to foreclosure or seizure of the property to recoup the debt owed. They can be placed by creditors, government agencies, or other parties who are owed money or obligations.

Note: Liens typically remain in effect until the underlying debt or obligation is satisfied, released, or discharged. However, certain types of liens may have expiration dates or statutory limitations.

Types of Liens in Nevada

Liens can originate from different means, including legal proceedings, outstanding property taxes, business taxes, mortgages, and home equity loans. Nevada recognizes different categories of liens, including:

• Mortgage Liens: This is created by lenders to secure a loan to purchase real property, giving the lender certain legal rights on the property if the borrower defaults on the loan payments.
• Mechanics Liens: This is placed by contractors, subcontractors, or suppliers to secure payment for labor or materials provided for construction or improvements on real property.
• Judgment Liens: They arise from court judgments against a debtor and attach to the debtor’s real property, allowing the creditor to collect the judgment amount by forcing the sale of the property.
• Tax Liens: They are imposed by governmental authorities for unpaid property taxes or income taxes, giving the government a claim on the property until the debt is satisfied.
• HOA Liens: They are asserted by homeowners’ associations for unpaid dues or assessments, allowing the HOA to place a lien on the property and potentially foreclose on it to recover the unpaid amounts.
• UCC Liens: They arise when a debtor grants a security interest in personal property to a creditor to secure a loan or other obligation. These liens are typically filed with the Nevada Secretary of State’s office to perfect the creditor’s interest in the collateral.

However, liens can be broadly classified based on various criteria, including their nature (general or specific), how they attach to property (voluntarily or involuntarily), and whether their attachment is required by statute.

General Liens in Nevada

In Nevada, general liens extend to all real and personal properties of the debtor. This includes their houses, non-exempt vehicles, and undeveloped land. Such liens grant a lienholder the authority to use any or all of the debtor’s assets to guarantee repayment. Examples of general liens are tax and judgment liens.

Specific Liens

Specific liens target a particular property or asset. Creditors use this type of lien to ensure the fulfillment of an obligation linked to the property. Examples of a specific lien include a deed of trust and mortgage liens.

Consensual vs Involuntary Liens

In Nevada, liens attach to property through one of two means: with the property owner’s consent or without it.

When a property is subject to a lien with the owner’s approval, it is considered a consensual or voluntary lien. A common example is a mortgage lien. Conversely, when a lien is imposed on property without the owner’s consent, it becomes an involuntary or non-consensual lien. An instance of an involuntary lien in Nevada is a tax lien.

Statutory Liens

In Nevada, statutory liens are legal encumbrances placed on property by operation of law or statute. These liens are authorized and governed by specific statutes or regulations, not from a contractual agreement between parties. The legal basis for statutory liens in Nevada can vary depending on the type of lien and the circumstances under which it is created. Statutory liens in Nevada serve various purposes and may arise in different contexts, such as tax and construction liens.

What is a Tax Lien in Nevada?

In Nevada, a tax lien is a legal claim imposed by governmental authorities, such as the Nevada Department of Taxation or local tax agencies, against a taxpayer’s property for unpaid property taxes or income taxes. The Nevada Revised Statutes (NRS) 361.731 provides that a tax lien is a perpetual lien that remains against a property until the taxes and any penalties, interest, fees, and costs that may accrue thereon are paid.

Nevada law allows tax authorities to place a lien on the property of taxpayers who have failed to pay their state or local taxes Once a tax lien is filed, it becomes a public record and serves as notice to creditors and other interested parties of the government’s claim on the taxpayer’s property.

Nevada law provides procedures for tax authorities to enforce tax liens, including the ability to initiate foreclosure proceedings to seize and sell the taxpayer’s property to satisfy the unpaid tax debt. Tax liens may also have priority over other types of liens, which means that tax authorities may have the right to collect unpaid taxes from the proceeds of a property sale before other creditors.

Are Tax Liens Public Records?

Tax liens are considered public records under the Nevada Public Records Act. When a governmental authority files a tax lien against a taxpayer’s property for unpaid taxes, it becomes a public record. The existence of the lien and details such as the taxpayer’s name, the amount owed, and the property affected become available for public access.

Recorded tax liens being accessible to the public, serve as notice to creditors and other interested parties of the unsettled claim over the taxpayer’s property. It also affects the taxpayer’s creditworthiness. Furthermore, a tax lien can affect property ownership and transfer. Potential buyers or lenders conducting due diligence on a property will discover the tax lien during title searches, which may deter them from completing a purchase or financing arrangement until the lien is satisfied or resolved.

Nevada Tax Lien Search

To perform a tax lien search in Nevada, you can follow these steps:

Identify the county: The first thing to do when carrying out a tax lien search is to determine the county where the property is located or where the taxpayer resides. Nevada tax liens are typically filed at the county level with the county recorder.

Perform the search at the county: Each recorder’s office has its record retrieval system and procedure for record requests. The following options are the most common available:

• Online: Many recorder officers in Nevada provide online access to public records, including tax liens. You can check if the county recorder offers an online search tool or database where you can search for tax liens by property owner name or address.
• In-person: You can visit the county recorder's office in the relevant county. Contact information and office hours are on the county’s official website. 
• Mail: You can send a written request to the county recorder’s office. The request should provide sufficient information to assist with the search. This includes the taxpayer’s name, recording date, book and page number, document title, and other information. You should also provide your contact information and indicate the types of copies (plain or certified) you want. You should also include payment to assist with processing the order. 
• Some county recorders accept requests for tax lien records through email and fax.

Review search results:After the search, review the results. Take note of any tax liens filed against the property and the relevant details, such as the amount owed and the taxing authority.

Federal Tax Lien Search

According to the Internal Revenue Manual (IRM) 5.17.2.3.2, federal tax liens affecting real estate in Nevada are filed in the county where a property lies, and those affecting the personal property are recorded in the county where a taxpayer resides. Hence, if you are conducting a federal tax lookup in Nevada, you should visit, mail, search the online search tool or database, or otherwise query the recorder’s office in the custody of the records.

You can also search federal tax lien using the IRS Automated Lien System database. Other options are using the services of a credit reporting agency, title company, or real estate attorney for a title search.

What is a Lien on Property in Nevada?

A lien on property in Nevada is a legal claim or encumbrance placed on real or personal property within the state to secure the performance of an act. A creditor usually places liens as security for the repayment of a debt or obligation owed by the property owner. This means the creditor has a right to the property as collateral until the debt is paid off or the obligation is fulfilled.

In Nevada, various entities, such as lenders, contractors, government agencies, or homeowners’ associations, can impose liens. They can arise from various circumstances, including unpaid taxes, mortgages, judgments, or debts for services rendered or materials supplied.

Who can put a lien on a property?

In Nevada, any person or entity to whom the property owner owes money or an obligation can put a lien on the property. They include lenders, contractors, government agencies, or homeowners’ associations, etc.

How to put a lien on property in Nevada?

The process for placing a lien on property in Nevada varies depending on the lien being filed and may involve specific requirements and deadlines. It is advisable to consult with a legal advisor to confirm state filing requirements. However, the following steps are generally involved:

• Verify Ownership and Existing Liens: You should identify the debtor’s property and confirm that they own it by checking land records. Check for any existing liens on the property, as this can affect lien priority and payment order in case of foreclosure. Priority is typically determined by the recording date.
• Prepare a Lien Document: Draft the necessary lien document. It should have the applicable name depending on the type of lien (e.g., Abstract of Judgement for judgment liens, Claim of Lien for construction liens). The document should include essential information such as the debtor’s name, the amount owed, filing agency or party, and other relevant information.
• File the Lien Document: Submit the lien document to the recorder’s office in the county where the property is located (for real estate liens) or the Secretary of State’s Office (for personal property liens). You may require proof of service, an affidavit of non-known address, and a notice of lien on the debtor.

Some counties provide forms for lien filings. Before filling, you should check the county’s website for such forms.

• Pay Filing Fees: The filing fee varies based on the county’s recorder, the number of pages being filed, and whether the office will notify the debtor(s) of the lien.

How to Find a Lien on Property in Nevada

To conduct a property lien search in Nevada, you may begin by requesting land records at the recorder’s office in the county where the property is situated or where the debtor resides. You may search by visiting the office in person, sending a mail request, or using the office’s online database or search tool (if available). Requests for personal property liens will be made to the Nevada Secretary of State’s office.

However, given that there is no central repository for lien records in Nevada, engaging a title company to conduct a title search may be a more efficient strategy for those seeking to uncover property liens. Additionally, there is the option of obtaining title insurance from a title company to protect against losses from title defects, including unknown liens. You can also consult the services of a real estate attorney.

Property Lien Search By Address

In Nevada, government agencies typically do not record or index property liens based on the property address. Instead, they require standard search criteria such as a person’s name, file number, or document recording date to furnish lien records to inquirers.

However, individuals seeking to check for property liens by address in Nevada can use third-party online services. Many third-party websites offer address search options for users seeking Nevada public records, including lien records for a fee.

By using third-party online services, individuals can conduct property lien searches in Nevada based on the property address, bypassing the limitations of government agencies’ search parameters. It is essential to consider the reliability and accuracy of the information provided by third-party services before relying on their results for important decisions.

Free Lien Search on Property

To carry out a free lien search, visit the county recorder’s office physically during business hours and request to inspect such records. Alternatively, if available, you may use the online search tool or database provided on the recorder’s website.

What is a Mechanics Lien in Nevada?

A mechanics lien, also known as a construction lien, is a legal claim placed on a property to recover unpaid money for the construction, alteration, or improvement of that property. According to NRS 108.2214, such a claim may be made by any person who provided work, material, or equipment valued at $500 or more. This includes an artisan, builder, contractor, laborer, lessor or renter of equipment, material man, miner, subcontractor, or other person who provides work, material, or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist.

The purpose of mechanics liens in Nevada is to provide these parties with a security interest in the property they have worked on, ensuring that they have the means to recover payment for their contributions to the construction or improvement of the property.

Nevada Mechanics Lien Search

A mechanics lien search can be done by submitting a physical, mail, or online request to the applicable county recorder’s office (where a property lies) to conduct an official records search. 

What is a Mortgage Lien in Nevada?

In Nevada, a mortgage lien is a legal claim placed on a property by a mortgage lender as security for a loan provided to the owner. When a property owner obtains a mortgage loan to purchase real estate, the lender typically secures the loan by creating a mortgage lien. This lien gives the lender the right to foreclose on the property if the borrower defaults on the loan payments.

A mortgage lien gives the lender a legal interest over the property until the loan is fully paid off. This may restrict the owner’s ability to sell or transfer the property without satisfying the outstanding debt. Also, if the borrower defaults on the mortgage loan, it gives the lender the right to initiate foreclosure proceedings to seize and sell the property to recover the outstanding debt.

What is a UCC Lien in Nevada? 

In Nevada, a UCC lien refers to a security interest that a creditor holds in the personal property of a debtor as collateral for a debt or obligation. “UCC” means Uniform Commercial Code, the law governing commercial transactions, including secured transactions involving personal property.

A UCC lien is created by filing a financing statement with the Nevada Secretary of State’s office. This filing establishes the creditor’s priority interest in the specified collateral, providing notice to other creditors and interested parties of the creditor’s claim on the debtor’s assets.

UCC liens are commonly used in commercial lending transactions, such as business loans or equipment financing, where the lender seeks to secure their interest in the borrower's personal property. Examples of collateral that may be subject to a UCC lien include inventory, equipment, vehicles, accounts receivable, and other tangible or intangible assets.

UCC Lien Search Nevada

If you are looking up UCC liens in Nevada, you should direct your query to the Nevada Secretary of State. Complete the UCC11 (Information Request) Form and send it, with the required fee, to:

Nevada Secretary of State

UCC Division

200 North

Carson Street 

Carson City, NV 89701 

(775) 684-7100

What is a Lien Title in Nevada

In Nevada, a lien title refers to a legal document that indicates the existence of a lien or encumbrance on a vehicle or other titled property. When a lien is placed on a vehicle, it means that there is a debt or obligation owed by the owner of the vehicle to a creditor, and the creditor has a legal claim or interest in the vehicle as collateral until the debt is paid off.

A title lien typically arises when a vehicle owner finances the purchase of the vehicle through a loan or lease agreement. In such cases, the lender or leasing company becomes a lienholder and holds a security interest in the vehicle until the loan or lease is satisfied.

The title lien is recorded with the Nevada Department of Motor Vehicles (DMV). The lienholder’s information is listed on the vehicle’s title document, indicating their legal right to the vehicle as collateral.

Nevada Title Lien Search

There are multiple ways of conducting a title lien search in Nevada. The DMV provides the Nevada Electronic Lien and Title portal to view liens, release liens, and request printed titles. Register an account and pay the requisite fee to use this database. You can also submit an online records request to the DMV.

Alternatively, you can fill out Form IR-002 and mail it with payment and a copy of a valid ID to:

Central Services Records Division

555 Wright Way

Carson City, NV 89711-0250

(775) 684-4590

You can also take the vehicle to the vehicle inspection number (VIN) inspection station at larger DMV offices in Nevada and they will assist you in reviewing the paperwork and vehicle records. You do not need to make an appointment.

If you are interested in obtaining the title information of the vehicle from all states, you may use the National Motor Vehicle Title Information System (NMVTIS) to check the vehicle history.

Free Title Lien Search in Nevada

To conduct a free title lien search in Nevada, you can visit the vehicle inspection number (VIN) inspection station at larger DMV offices or submit an online records request to the DMV.

What is a Judgement Lien in Nevada 

In Nevada, a judgment lien is a court-ordered claim placed on a debtor’s property as security for an unpaid debt. When a creditor obtains a judgment against a debtor for an unpaid debt or obligation, they may seek to enforce the judgment by placing a lien on the debtor’s property. This lien serves as security for the debt owed to the creditor and gives the creditor the right to pursue collection efforts, such as garnishing wages or seizing assets, to satisfy the judgment.

According to Nevada law, judgment liens in Nevada are only valid for six years from the date of recording. If the judgment is not secured within that period, the lien expires and becomes unenforceable. However, the judgment can be renewed for another six years from the date of renewal. 

Nevada Judgement Lien Search

You can find judgment liens in Nevada by querying the recorder’s office in the county where a judgment debtor owns real estate. You can do this by making an in-person, mail, or online request, depending on the options made available by the county recorder.

If the judgment lien was filed against personal property, the appropriate authority is the Nevada Secretary of State. Fill out the UCC11 (Information Request) Form and send it, with the required fee, to:

Nevada Secretary of State

UCC Division

200 North

Carson Street 

Carson City, NV 89701 

(775) 684-7100

How to Get a Lien Release in Nevada 

A lien release removes or discharges a lien from a property. To get a lien release in Nevada, you should first resolve the underlying debt or obligation. Then, make a written request to the lienholder (the person, company, or agency that recorded the lien) to release or discharge the lien. This is done by recording a discharge or release of the lien by signing a Certificate or Notice of Release. The document must be filed at the county recorder’s office, Secretary of State’s office, or other government office where the original lien was recorded not later than ten days after the satisfaction.

If the lienholder fails, an action can be instituted at a local district court to compel the lien release. The lienholder may be liable for fines of up to $100 and any court costs or attorney’s fees involved in the civil action.

How to Get a Copy of a Lien Release in Nevada

To get a copy of a lien release letter in Nevada, you can visit the county recorder’s office during business hours and make a formal request. You can also make a written request and submit it by mail or email (if available). Some county recorders also provide online access to lien releases.

Note: There are copy fees for obtaining copies of the lien release in Nevada.