Types of Property Liens in California
A comprehensive guide to voluntary and involuntary liens affecting California real property. How each lien type is created, its duration, priority, and how to identify liens on any California property.
What Types of Liens Exist in California?
California recognizes two broad categories of property liens: voluntary liens (consensual encumbrances created by agreement, such as mortgages and deeds of trust) and involuntary liens (non-consensual encumbrances imposed by operation of law, such as judgment liens, tax liens, and mechanic liens). Under California Civil Code Section 1180, a lien is a charge imposed upon specific property by which the property is made security for the performance of an act. All liens affecting California real property are recorded with the county recorder in the county where the property is situated, except UCC financing statements (filed with the California Secretary of State) and federal bankruptcy claims (filed in federal court).
To identify all liens on a California property, order a Property Lien Report ($95) or Full Owner Lien Report ($195) from U.S. Title Records. The $95 report identifies all recorded encumbrances against the property. The $195 report adds personal liens against the current vested owner: UCC filings from the California Secretary of State, federal and state bankruptcy records, and Franchise Tax Board liens. Reports cover all 58 California counties. Email office@ustitlerecords.com with questions.
Voluntary vs. Involuntary Liens
Voluntary liens are created by the property owner’s consent, typically through a loan agreement. The most common voluntary lien in California is the deed of trust (California uses deeds of trust rather than mortgages for most residential lending). Involuntary liens are imposed without the owner’s consent by operation of statute: judgment liens under California Code of Civil Procedure Section 697.310, mechanic liens under California Civil Code Section 8000, and tax liens imposed by the IRS, California Franchise Tax Board (FTB), or county tax collector.
General vs. Specific Liens
General liens attach to all real and personal property owned by the debtor in the recording jurisdiction. Examples include judgment liens and federal tax liens. Specific liens attach only to a particular property. Examples include deeds of trust (secured by one property), mechanic liens (attached to the property where work was performed), and property tax liens (assessed against the specific parcel). Understanding this distinction is critical when evaluating liens on property versus liens against the owner personally.
California Property Lien Types Explained
Each lien type, how it is created, its duration under California law, and its priority
Deed of Trust (Mortgage Lien)
California primarily uses deeds of trust rather than traditional mortgages. The property owner (trustor) conveys legal title to a trustee who holds it as security for the lender (beneficiary). If the borrower defaults, the trustee can conduct a non-judicial foreclosure (trustee’s sale) under California Civil Code Section 2924. Deeds of trust are voluntary specific liens recorded with the county recorder. Priority is established by recording date. First deeds of trust are senior to all subsequently recorded voluntary liens.
Judgment Liens
When a California court awards a money judgment, the creditor can record an Abstract of Judgment with the county recorder under CCP Section 697.310. The judgment lien attaches to all real property the debtor owns in that county, including property acquired after recording. Duration: 10 years from the date of entry, renewable for an additional 10 years. Judgment liens are involuntary general liens. A Full Owner Lien Report ($195) identifies judgment liens docketed in the county where the property is situated.
Federal Tax Liens (IRS)
The IRS files a Notice of Federal Tax Lien with the county recorder when a taxpayer fails to pay federal taxes after assessment and demand. Federal tax liens are blanket liens attaching to all real and personal property. Duration: 10 years from the date of tax assessment, with the IRS authorized to refile for an additional 10 years. Federal tax liens take priority over most subsequently recorded liens but are subordinate to certain pre-existing liens. At foreclosure auction, the IRS retains a 120-day right of redemption.
California Franchise Tax Board (FTB) Liens
The California Franchise Tax Board records a Notice of State Tax Lien for unpaid California state income taxes. The lien attaches to all California real and personal property owned by the taxpayer. Duration: 10 years from the recording date, with the FTB authorized to extend. FTB liens must be satisfied before escrow can close on any property transfer. The California Employment Development Department (EDD) files similar liens for unpaid payroll taxes. Both are identified in a Full Owner Lien Report ($195).
Mechanic Liens
Under California Civil Code Sections 8000-9566, contractors, subcontractors, and material suppliers who provide labor or materials for property improvements can record a mechanic lien if unpaid. In California, mechanic lien priority relates back to the date work commenced on the project, not the date the lien was recorded. This means a mechanic lien can have priority over a deed of trust recorded after construction began. Duration: the lien must be recorded within 90 days of completion. The claimant must then file a foreclosure action within 90 days of recording the lien.
Property Tax Liens
Property tax liens are imposed by the county tax collector for unpaid property taxes. In California, the fiscal tax year runs July 1 through June 30. Taxes are due in two installments (November 1 and February 1). Property tax liens have automatic first priority over ALL other liens, including first deeds of trust. If taxes remain unpaid for 5 years (or 3 years for non-residential property), the county can sell the property at a tax deed sale. A Property Detail Report ($29) shows current tax assessment and delinquent balances.
HOA/COA Assessment Liens
Homeowners associations and condominium associations in California can record assessment liens for unpaid dues under the Davis-Stirling Common Interest Development Act (California Civil Code Section 5650). California does not have a statutory HOA super lien provision, meaning HOA liens generally take priority based on recording date rather than receiving automatic priority over first deeds of trust. However, the HOA can foreclose on the lien through judicial or non-judicial proceedings if the delinquency exceeds $1,800 or is more than 12 months past due.
Lis Pendens (Notice of Pending Action)
A lis pendens is not technically a lien but serves as constructive notice that litigation is pending that may affect title to the property. Recorded under CCP Section 405.20, it warns prospective buyers and lenders that the property is subject to a pending court action. Any person who acquires an interest in the property after the lis pendens is recorded takes subject to the outcome of the litigation. A property lien search identifies all recorded lis pendens on the subject property.
UCC Financing Statements
Uniform Commercial Code (UCC) financing statements are filed with the California Secretary of State for liens on personal property and fixtures. When a UCC filing references real property (fixture filing), it is recorded with the county recorder. UCC liens are common on commercial properties where equipment, fixtures, or inventory serve as collateral. Duration: 5 years from the filing date, renewable by continuation statement. A Full Owner Lien Report ($195) includes a UCC lien search of the Secretary of State database.
Code Enforcement and Municipal Liens
Cities and counties in California impose code enforcement liens for unresolved building code violations, weed abatement, hazardous materials cleanup, illegal structures, and substandard housing conditions. These liens are recorded with the county recorder and have no fixed expiration. They can accumulate rapidly due to penalties, fines, and interest. Code enforcement liens survive foreclosure as government liens with priority. Municipal liens for unpaid water, sewer, and utility charges function similarly and must be resolved before title can transfer.
California Lien Priority Order
How liens are ranked when multiple encumbrances affect the same property
| Priority | Lien Type | Basis |
|---|---|---|
| 1st | Property Tax Liens | Automatic statutory priority under California Revenue and Taxation Code. Superior to all other liens regardless of recording date. |
| 2nd | Special Assessments | PACE liens, Mello-Roos Community Facilities Districts, and improvement bond assessments. Assessed through tax roll and share tax lien priority. |
| 3rd | Federal Tax Liens | Priority established under IRC Section 6323. Senior to subsequently recorded liens. The “first in time” rule applies against other non-tax liens. |
| 4th | Mechanic Liens | Priority relates back to date of commencement of work. Can be senior to a deed of trust recorded after construction began. |
| 5th | First Deed of Trust | Recording date establishes priority. Senior to all subsequently recorded voluntary and involuntary liens except those with statutory priority. |
| 6th+ | Junior Liens (by recording date) | Second deeds of trust, judgment liens, FTB liens, HOA liens, and other encumbrances in order of recording. |
California is a “race-notice” recording state. Priority is generally determined by recording date, with statutory exceptions for tax liens and mechanic liens.
California Property Lien Questions
Authoritative answers regarding California real property liens and encumbrances
How Do I Find Out If There Are Liens on a California Property?
Order a Property Lien Report ($95) or Full Owner Lien Report ($195) from U.S. Title Records. The $95 report searches all 58 California county recorder databases for recorded encumbrances. The $195 report adds personal liens against the vested owner: UCC filings from the California Secretary of State, FTB liens, judgment liens, and bankruptcy records. Reports are delivered via email in PDF format. No account or subscription required.
How Long Do Liens Last in California?
Duration varies by lien type. Judgment liens: 10 years from entry, renewable for 10 more. Federal tax liens (IRS): 10 years from assessment, renewable. FTB state tax liens: 10 years, extendable. Mechanic liens: must be recorded within 90 days of completion, then suit filed within 90 days. Property tax liens: until paid (county can sell after 5 years). UCC filings: 5 years, renewable. HOA liens: until satisfied. Code enforcement: open-ended. A lien search identifies all active encumbrances and their recording dates.
Can I Sell a California Property with a Lien?
In California, liens must be resolved before marketable title can transfer. The county recorder records the lien, and any title report search will identify it. Common resolutions: the lien is paid from sale proceeds at escrow, the seller satisfies the lien before closing, the parties negotiate a price adjustment, or a lien release is recorded. Title insurance companies will not insure a property with unresolved liens. An Expanded Title Search ($375) documents all encumbrances for escrow.
What Is the Lien Priority Order in California?
California is a “race-notice” recording state. Lien priority is generally established by recording date, with statutory exceptions. Property tax liens always hold first priority regardless of recording date. Special assessments (PACE, Mello-Roos) share tax lien priority. Mechanic liens relate back to the date work commenced, which can give them priority over subsequently recorded deeds of trust. Federal tax liens have specific priority rules under IRC Section 6323. All other liens (judgment, FTB, HOA, UCC) follow the general rule: first recorded, first in priority.
How Much Does a California Lien Search Cost?
A California lien search costs $95 for a Property Lien Report (all recorded encumbrances on the property) or $195 for a Full Owner Lien Report (property encumbrances plus personal liens against the vested owner, UCC filings, FTB liens, and bankruptcy records). Same pricing for all 58 California counties. No subscription or account required. For a complete title examination with chain of conveyance, encumbrances, and deed copies, the Expanded Title Search is $375.
Do California Liens Survive Foreclosure?
Some California liens survive foreclosure. Property tax liens always survive. IRS liens survive with a 120-day redemption right. Code enforcement and municipal liens survive as government claims. Mechanic liens with priority over the foreclosing deed of trust survive. HOA liens in California do NOT have statutory super lien priority (unlike Florida and Nevada). Junior deeds of trust, junior judgment liens, and other liens recorded after the foreclosing encumbrance are generally eliminated. See our foreclosure auction guide for details.
Search California Property Liens
Professional lien examination for any property in all 58 California counties. Identify every recorded encumbrance before your transaction. Reports from $95. For asset investigation beyond property records, visit U.S. Asset Records.