How Do I Find or Locate a Lien Holder or Mortgagor on Real Property

Posted by Private Investigator | Posted in PI | Posted on 06-04-2010

How do you find out who a mortgage co is for real property?

Sincerely,

Val

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Val,

Assuming that the property is not owned “free and clear,” in most circumstances there will be a lien holder (or multiple lien holders) on the property. A property lien is a legal claim on real property for payment of some debt or other obligation, usually for the payment to the mortgagor(s) who lent the money to the property purchaser.

Absent a tax lien, a lien on real property to secure the payment of overdue state or federal taxes, the mortgagor will be the primary lien holder. Property liens are most often filed with the civil records in the county court where the property is located, more specifically with the property deeds. Lien holder information can usually also be found at the county Tax Assessor’s Office.

Keep in mind that the mortgagor is not always a bank or other lending institution; the buyer may have purchased the property via a mortgage or private loan offered directly from the previous land owner, too.

Lastly, if you are looking for the lien holder because you or your client intend to file suit or attach the property via some other legal action, you may very well find multiple lien holders staking a claim to the property. It is not uncommon to find multiple mortgage liens, tax liens, builder’s liens, judgment liens, etc. filed against any one property. Depending upon state law, different types of liens fall into a sort of pecking order. If the court forces the sale of a property the lien holders will be paid in the order of seniority; junior liens get paid last… if there is anything left.

L. Scott Harrell

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One Response to “How Do I Find or Locate a Lien Holder or Mortgagor on Real Property”

  1. Re: “How do I find the Lien Holder on Real Property?” The Mortgagor is the person who “purchases” or “takes out” the mortgage. The lien holder is the mortgagee. Just clarifying legal terms.

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