What is a Lien in Idaho?
According to Title 45 of the Idaho Code, an Idaho lien is a legal charge imposed on a property to serve as security for a creditor who expects payment or the performance of an obligation from the property owner.
When a person is in debt or default of a financial obligation, the lender may place a lien on the debtor's property. Contracts, child support orders, lawsuits, loans, taxes, and purchases are ways by which a person can incur debt, which may result in liens. A lien is a legal claim or holds that a lender has over a debtor's property until the debtor pays the amount due, or the debt is otherwise discharged.
Since liens can arise from different circumstances, there are different types of liens. Some examples of liens in Idaho include judgment liens, tax liens, IRS liens, mechanic liens, mortgages, property liens, and child support liens. However, liens are regulated and enforced under the judicial authority of Idaho courts.
Are Liens Public in Idaho
Yes, liens are public information according to Idaho law. After a lien is recorded, state statutes require that they be made available for anyone interested in reviewing them, such as lenders and creditors. However, a lien is exempted from public disclosure after the lien is discharged.
Types of Lien in Idaho
Idaho liens are in two broad categories and have two characteristics. Liens can either be voluntary or involuntary. Also, they can be general or specific. A voluntary lien is one that the lienee or debtor agrees to or enters voluntarily. On the other hand, an involuntary lien is one that a creditor attaches to a property without the lienee's consent. A judgment lien is an example of an involuntary lien as it does not require the property owner's consent; instead, it attaches by court order.
A general lien attaches to all of a debtor's property. Under ID Code §45-103, this means that the lender or creditor may recover the debt from any of the debtor's properties. Specific liens are attached to one particular property, like a car or a house. Creditors may only recover outstanding payments or debts from the property to which the lien is attached. A lien can be voluntary and specific or involuntary and general. Mortgages are examples of specific and voluntary liens; The lienee agrees to put up the house as collateral, and the lien attaches to the property named in the mortgage agreement. On the other hand, judgment liens are involuntary and often general.
How Do I Check for Liens in Idaho?
In Idaho, liens are a public notice of debt. Information from liens is typically available to the public. Thus, any interested party only needs to send a request to the appropriate record custodian to check for a lien in the state. Persons searching for information on Tax liens may contact the Department of Revenue, which is the State Tax Commission in Idaho. For information on other types of liens, requesting parties may contact the appropriate government agency.
Interested parties may also contact the Secretary of State's Office to check for liens in Idaho. Typically, the public can access public records at no cost. However, government agencies or record custodians may charge fees to produce copies of such records. Interested parties may access lien records at no cost; however, producing copies may incur charges.
As earlier stated, county recorders also serve as central repositories for many documents, including liens. Parties interested in checking for liens may contact the county recorder in the county where the property of interest exists to check for any liens attached to the property.
Apart from record custodians and government agencies, third-party search websites are another way to check for liens in Idaho. These websites provide public information about real property titles and vehicle titles.
Free Lien Search in Idaho
Persons interested in conducting free lien searches in Idaho may contact the appropriate government agency. To search tax liens for free, interested parties may contact the State Tax Commission by email or use the search portal on the Secretary of State's website. The portal allows users to search with debtors' names or file numbers. It also offers advanced search options that allow requesting parties to filter their search by city, names, status, and financing statement date. Persons interested in purchasing detailed search results may sign up for a user account to make the purchase.
Another way to search liens for free in Idaho is to contact the County Recorder in the county where the lien was filed or where the property exists. Requesting parties may submit request forms to the County Recorder by email or in person at the courthouse.
What is a Property Lien in Idaho?
An Idaho property lien is a legal claim for an asset used as collateral in an agreement. In Idaho, a property lien gives authority to seize a property that a defaulter used as collateral. All liens in Idaho are identified as property liens as assets are used as collateral for each of them. This includes mortgage liens, tax liens, mechanics liens, judgment liens, and UCC liens. For a property lien, the lienholder can seize the property if the other party defaults. Under a property lien, various items can serve as collateral in an agreement, including a house, a car, furniture, or other personal property.
How Do You Know if a Property Has a Lien in Idaho?
Property owners are typically aware of any lien attached to their property, especially if such liens are voluntary. In some cases, however, property owners are not aware of any existing liens until it is time to refinance, sell, or pass on the property of interest as an inheritance. In such cases where the property owner is not aware of the existence of any lien, or the inquirer is not the property owner, interested parties may contact the government agency responsible for maintaining records of liens to obtain the required information.
There are different types of liens, each handled by different government agencies. For example, the agency that maintains records of mortgages is different from the agency that maintains records of tax liens. However, County Recorders' Offices are typically central repositories for documents related to property ownership. Interested parties may contact the County Recorder - also called the auditor or county clerk - in the county where the property in question is located to obtain the required information.
Typically, requesting parties may need to run title deed searches or go through lien indexes to find out if a property has a lien. Some counties provide online repositories and databases for ease of access. Where there are no online repositories, requesting parties must visit the record custodian's office in person to find out if a property has a lien.
Requesting parties may also check the Secretary of State's website or contact the office by telephone to determine if a property has a lien.
Property Lien Search by Address in Idaho
In Idaho, interested parties can conduct a property lien search by address by querying the recorder's office of the county where the property in question is located. Generally, property records as well as other public records such as marriage, birth, and death records, are maintained at county level by county records offices in Idaho. Thus, inquirers can visit a county recorder's office in person to request a property record search by address.
Interested persons can also conduct a property lien search by contacting other government agencies in Idaho, such as the State Tax Commission and the Secretary of State Office.
Free Property Lien Search by Address in Idaho
In Idaho, the Recorder's office of the county where the property is located is the only place where interested parties can perform a property lien search by address. Unfortunately, county recorders generally do not maintain property lien records electronically. Hence, inquirers may need to visit the relevant county recorder's office to conduct a free property lien search by address in Idaho. Inquirers should note that viewing these records at the county recorder's office is usually free. However, requesters may be charged a fee if they request copies of records. Alternatively, recorders can submit request forms containing the address of the property that is the subject of their inquires to the appropriate county recorder office.
What is a Tax Lien in Idaho?
A tax lien in Idaho claims that the state's government puts on the property of any person or business that fails to pay owed taxes (either federal or state). The Internal Revenue Service (IRS) issues such lien. The lien notice will be filed through the Secretary of State's office, unlike other property liens that pass through the county clerk's office. The lien will apply to all the tax defaulter properties and stay on the individual's public record until the defaulter pays the debt. A tax lien can be issued to seize the debtor's property, which the IRS can sell to pay the tax arrears. Tax liens cover all tax payable types to the government, including property tax, income tax, and business tax, under Chapter 19 of Title 45 of the Idaho Code.
Tax Lien Lookup in Idaho
Interested persons can lookup tax liens on a property in Idaho by querying the State Tax Commission and the Secretary of State Office during appropriate working hours. Record seekers can visit the aforementioned government agencies in person to request tax lien lookups or send emails requesting the desired tax lien records. The Secretary of State also provides an online portal inquirers can use to lookup records of tax liens they maintain.
Regardless of the method used to request the desired tax lien record, an inquirer must provide details about the tax lien they want to look up. These details include the name of the individual or business attached to the lien or the file number.
According to Idaho code section 63-3056, a tax lien on a taxpayer’s property is typically a result of the overdue tax they owe. A tax lien in Idaho is valid for 5 years unless a request for continuation is made before it expires. This request extends the lien for another five years. The lien is not released until all unpaid property taxes have been paid in full or when the lien's statute of limitations has run out.
What is a Mortgage Lien in Idaho?
A mortgage lien in Idaho is a petition that grants an institution that lends out money to buy a house or refinancing a home the permission to claim the borrower's property submitted as collateral. This collateral is typically the house for which the entity gave a loan. The institution can split the payment into small installments, which the borrower must pay periodically to comply with the agreement. If the borrower stops making the payment or breaks the agreement's terms, the court will enforce the lien. The lending institution can seize the property used as collateral in this agreement to make up the balance of the payment left.
What is a Mechanics Lien in Idaho?
Mechanics liens in Idaho is a legal document to guarantee the payment of workers, contractors, builders, and construction companies before liquidation. In some cases, it extends to building material suppliers and other sub-contractors. This legal action makes it almost impossible to sell off the property until prior liens settlement, thereby giving salient leverage to contractors, sub-contractors, and suppliers.
Although it involves real estate and construction, a mechanics lien is quite different from a property lien. The latter is a legal claim that allows creditors to access the property as collateral for mortgage loans if the debtor does not clear outstanding debts. Generally, a property lien grants creditors possession of real estate properties, cars, or other equipment of value. In contrast, a mechanics lien is filed to guarantee real estate contractors' service payment. The main disparity lies in the purpose of the two legal actions.
According to section 45-507 of the Idaho state legislature, claimants of mechanics and material men liens must file the case not more than ninety days after completing the labor or providing building supplies.
What is a UCC Lien?
UCC stands for Uniform Commercial Code. The legal action functions on the Uniform Commercial Code provisions, which guide all commercial transactions in the United States of America as every state in the country. Creditors can file a UCC-1 statement to notify the necessary parties and the general public of the interest in the property of a debtor who has defaulted on the bargains made in the business. In fewer words, UCC-1 liens allow creditors to rightfully lay claim to a property that a debtor provided as collateral before lending. Uniform commercial Code-1 if filed after granting a loan to protect creditors from loss and secure loans.
In Idaho, as in other states, UCC liens are filed in the state's office secretary. It involves filling out UCC forms with details of the debtor's name, address, secured party, and collateral description. After completing the document, the applicant can then proceed to file after paying the filing fee. Petitioners should note that different UCC filing attracts additional fees. For a UCC-1 electronic filing, there is a $1 access fee asides from the regular $3 filing fee. Filing for other UCC liens may require no cost or a maximum of $10.00. The state of Idaho UCC fee schedule shows the stipulated price for the request of information and manual processing for paper forms. These fees are payable via credit card, debit card, or cash.
How to Conduct a UCC Lien Search
In Idaho, interested persons can conduct a UCC lien search through the Secretary of State. The Secretary of State maintains the SOSbiz search portal members of the public can use to perform a UCC lien search. The search portal is free to use. However, if a requester needs a copy of their search result, they must pay a $3 fee. Alternatively, requesters can log in or register an account on the SOSbiz portal to be exempt from paying these fees. UCC lien searches are conducted on the SOSbiz search portal by providing a name (an individual or business name) or UCC filing number.
What is a Judgment Lien?
A judgment lien is a type of legal action that gives creditors the right to lay claim and take possession of a debtor's real property following a contract default. Most judgment liens are non-consensual liens and are born out of prior lawsuits that find a debtor guilty of failing the terms of an agreement. Hence, the creditor holds the judgment of a court against the debtor's property. Generally, judgment liens can see debtors lose houses, cars, or other valued property.
Judgment liens make sure the creditor gets what is owed, and it sometimes involves the sale of the debtor's properties to use the proceeds as remunerations. In Idaho, to attach a lien to the court judgment, the statutes binding judgment liens mandate that the creditor records the decision with the clerk in the county where the debtor has real estate currently or may own in the future. The judgment lien will stay valid for five years, and it is renewable for a maximum of 20 years. The creditor can renew judgment before the period of 5 years elapses
What is a Federal Tax Lien
A federal tax lien is a legal claim made by the government on all present or future property or payments owned by or owed to a taxpayer, such as real estate, automobiles, salaries, earnings, and commissions. According to the Internal Revenue Code (IRC) § 6321, a lien can be imposed against a property when the owner neglects or fails to pay an overdue tax bill. IRC § 6321 aids in defending the government's interest in obtaining the appropriate tax revenue.
What is a Lien Title
A lien title is a formal claim made against any existing or potential assets that transfer ownership of those assets to the lien holder seeking to collect a debt. To make property owners accountable for paying off any loans, mortgages, and other debts, liens are affixed to their property's title.
Where and How to Do a Title Search in Idaho
In Idaho, title searches are detailed examinations of public property records through the county clerk's office in the county where a property is located. A title search reveals pertinent information about a property including but not limited to the property owner's name, land records, liens, and tax lien.
Interested persons can conduct a title search in Idaho by visiting the appropriate county clerk's office in person during the appropriate business hours from Monday to Friday. County clerk's offices in Idaho are typically open from 8:00 am to 5:00 pm. Alternatively, an inquirer can send a written request to conduct a title lien search to the county clerk's office.
On their county websites, several county clerks' offices provide property records search portals that interested people can utilize to view and copy public property records. If the records that the inquirer wishes to view are not accessible through the aforementioned offices, they may also choose to use third-party websites like StateRecords.org to conduct title searches.
Voluntary Lien vs. Involuntary Lien in Idaho?
A voluntary lien, also known as a consensual lien, occurs when the rightful owner of a property gives the assets up to guarantee the payment of a loan or service. Voluntary liens are applicable to personal loans, business loans, and other contractual agreements. In the event of a violation regarding the contract, the property offered up as collateral will be confiscated.
In contrast, involuntary liens are claims placed on properties by other parties to guarantee the repayment of debts. Involuntary liens are non-consensual as the court gives creditors the right to seize properties regardless of debtors' consent. Essentially, upon confiscation of the property, an involuntary lien ultimately settles the score between a creditor and a debtor.
The significant disparity between a voluntary lien and an involuntary lien is consent. Voluntary liens processes do not involve the need for enforcement, unlike involuntary liens, where the court will confiscate the asset to become even and avoid losses.
How Creditors Collect Payment Through a Lien
By filing a lien against a debtor's property, a creditor has a legal claim or interest in the property. Consequently, a creditor may collect payment by seizing, foreclosing, or selling the liened property to recover payment. Creditors may also collect payment from sales or refinancing of liened property. In place of possession, seizure, or foreclosure, a creditor may also take other legal steps to collect payment through a lien.
How Do I Get a Lien Removed in Idaho?
To remove a lien from a property in Idaho, the debtor must pay the lien in full or negotiate a payment plan with the creditor. After the agreed conditions have been met, the creditor must sign a lien release or waiver to indicate that the debtor has satisfied the lien conditions. The debtor may then file the lien release with the county recorder to remove the lien from their property.
A second way to remove a lien is by disputing it. If a debtor can prove in court that a lien is invalid, outdated, or erroneously filed, the court may discharge the lien.
How Long Does a Lien Stay on Your Property in Idaho?
How long a lien stays on a property in Idaho depends on the type of lien. A judgment lien stays on a property for ten (10) years in Idaho. At any time before the expiration of the ten (10) years, the court may renew the judgment for another ten (10) years. Mechanics liens are only valid and enforceable for six (6) months in the state (Idaho Code § 45-510).
On the other hand, tax liens are valid for only five (5) years. However, the state can file a continuation before the expiration of the five (5) years. There is no limit to the number of times a continuation can be filed for tax liens, which means that a tax lien is valid until fully paid.
How to Avoid a Lien in Idaho
To avoid liens in Idaho, it is best to pay all outstanding debts when due. It is also worth noting that the bankruptcy process allows debtors to "avoid" liens. Lien avoidance helps debtors retain an interest in their property, especially when it qualifies for exemption under bankruptcy laws. To initiate a lien avoidance process, interested parties may file a Motion to Avoid lien in court.
