Minnesota Lien Search

A Minnesota lien search is a legal procedure involving looking up, researching, and investigating the state's real estate and personal property to determine if liens are placed on them. A lien search uses formal and informal mediums to generate comprehensive data on liens on a property in the state. The process ensures no outstanding debts related to contractors, taxes, or other obligations on a property of interest. Lien searches help prevent the purchase of properties with liens since doing so may result in legal disputes with the lienholder. Minnesota liens are held alongside other Minnesota civil court records since the state’s civil courts typically hear property-related cases.

What is a Lien in Minnesota?

In Minnesota, a lien is a legally binding claim registered with the county recorder or the Office of the Minnesota Secretary of State. When a person or company owes the state money, the government can file a lien to recoup the amount owed.

A lien gives the government the right to seize any moveable property, including cars, furniture, boats, and collectibles, owned by an individual or business in Minnesota, as well as any real property, either on a person's behalf or on their behalf to satisfy the debt per Chapter 514 of Minnesota Statutes.

Types of Liens in Minnesota

The following are some lien types in Minnesota

• Mechanic's liens 
• Agricultural liens
• Personal property liens
• Medical assistance liens
• Tax liens
• Mortgage liens
• Real estate lien (placed on all real estate property)
• Bank lien

In Minnesota, liens are categorized according to the amount of a person's personal property that is impacted, whether they result from a contract breach or an automatic violation of a state statute. Certain liens also take priority over others based on state laws. Consequently, liens may be classified as general or specific and consensual or involuntary. Unlike other states, Minnesota also maintains a unique claim of lien against a public servant or employee per 514.99 Subd. 4 based on the performance or nonperformance of that person's functions.

General Liens in Minnesota

In Minnesota, a general lien is placed on all of the debtor's property. For example, legal lien holders like the government may impose a lien on anything an individual owns, including real estate, bank accounts, and assets, if they neglect to pay federal or state income taxes. 

Specific Liens in Minnesota 

A specific lien claim is made against a particular property, and the debt may only be collected against that property. An example of a specific lien is a real estate or mortgage lien that only affects the mortgaged property.

Consensual vs Involuntary Liens in Minnesota 

A lien that is created with the consent of both parties involved is referred to as consensual. This usually entails the debtor giving a creditor a lien or interest in the debtor's property by signing a similar security agreement or other agreement. If both parties sign these agreements, courts will typically enforce them because they are contracts.

However, involuntary liens consist of liens established by judicial or legal processes as well as statutory liens arising from state law that are enforced without a person's permission; these are called non-consensual common law liens in Minnesota. For instance, when a court issues a judgment in favor of a specific party, a judgment lien occurs. The verdict automatically establishes a lien against the losing party's real property as a security for payment because the winning party is typically entitled to a monetary award.

Statutory Liens in Minnesota

The law creates statutory liens by operation of law. Statutory liens are involuntary liens that are triggered by law. They are brought about by the debtor's failure to fulfill an obligation. Landlord liens, mechanic's liens, and state and federal tax liens are a few of the most prevalent types of statutory liens. Federal and state tax liens are an excellent example of which sorts of statutory liens are more significant and have precedence over other liens.

What is a Tax Lien in Minnesota?

The government of Minnesota utilizes a tax lien as a means of collection for unpaid debts. Under Minnesota Statute 270C.63, a lien is created to enable the government to seize real property, which includes land and any permanent buildings, fixtures, or improvements on it, or personal property, which includes moveable assets like cars, furniture, boats, and collectibles, owned by a person or business in Minnesota, to satisfy their tax debt.

Are Tax Liens Public Record?

Tax liens are considered public records per Minnesota public records law and Section 15.17 of the Minnesota Statutes. These records must be kept, produced, and made available to members of the public upon request.

Tax liens recorded at the county recorder's office are also regarded as "government data." This implies that these records are collected, maintained, and dissipated to interested members of the public according to the Minnesota Government Data Practices Act (MGDPA), Minn. Stat. § 13.

Minnesota Tax Lien Search 

A Minnesota tax lien search can be done at any government agency in charge of recording and preserving lien documents in the state. The best place to start a tax lien look-up is at the county recorder's office, where an individual resides. Municipal tax agencies in Minnesota file tax liens, and recorders keep track of those filings. County recorders maintain these records in computerized formats that allow them to be accessed in E-format by interested members of the public. Inquirers can also visit municipal courts to request tax lien judgment information. Information on Tax liens that have been placed due to court judgments can be requested from court Authorities. 

The secretary of state office also maintains Tax lien information that can be requested in person, through online portals, or through mail. Requests can be made online for a standard statewide tax lien search or a limited county-specific tax lien search. Results are usually delivered through an email address mail for online tax lien requests.

Federal Tax Lien Search

A federal lien search in Minnesota can be performed at the office of the secretary of state or the county recorder's office where a person lives. The secretary of state's office maintains an extensive centralized database for retaining records pertaining to lien notices, releases, release revocations, and refilings as per 272.488 of the Minnesota statutes. County recorder offices in Minnesota also have an official federal tax lien records index for county recorders, which allows individuals to file a federal tax lien document request.

What is a Lien on Property in Minnesota?

A property lien is a legal claim to specific real estate granted by the courts. Minnesota statute 514.99 defines a lien on a property as an encumbrance on property as security for the payment of unpaid debt. Generally, unpaid taxes, late mortgage payments, unpaid invoices, and other outstanding contractor bills result in a property being placed under lien. Liens on property in Minnesota are classified as consensual liens and are recorded at the county recorder's office where a property is located.

Who can Put a Lien on a Property in Minnesota?

In Minnesota, a lien can generally be imposed on the property by a creditor going to court and getting an order for the lien to be placed. The creditor might be a financial institution, an individual, or a contractor who is owed wages for work on a property; most liens are automatically placed on a property when the property owner defaults on a debt associated with the property.

How to Put a Lien on Property in Minnesota

 To put a lien on a property in Minnesota, the person or business (claimant) must meet specific criteria set out by Minnesota statutes to enable them to have lien rights. For example, to put a mechanics lien on a property, the contractor must meet the requirements of 514.011 of the Minnesota statutes. Anyone can place a lien on a property through the following steps:

• Prepare the Minnesota lien form: the lien form can be obtained at the county recorder's office and must contain information such as the amount of the lien, the claimant's name and address, and the property owner's name.
• Record the lien in the local county clerk's office.
• Deliver a copy of the lien to the owner of the property.

How to Find a Lien on Property in Minnesota

The first place to begin a property lien search in Minnesota is at the county recorder's office where a property is located. Information on various property liens is on file with the Recorder's Office, and these documents are accessible to the general public. Inquirers can also find Judgment liens attached to properties at the county courts.

Minnesota Property Lien Search By Address

In Minnesota, a property lien search by address can be performed at the county recorder's office where the property is located. County recorder offices in Minnesota maintain a computerized database containing information on every property within county limits. Some of these offices make their databases available online. For example, Minneapolis County allows interested persons to perform a property lien search by address using their online portal.

Free Lien Search on Property in Minnesota

To perform a free lien search on any property, inquirers can visit the local recorder's office during business hours or use an online search tool provided by the county recorder's office.

What is a Mechanics Lien in Minnesota?

In Minnesota, a mechanics lien is a legal mechanism that gives unpaid contractors a security interest in the property. In Minnesota, suppliers and contractors who are not paid on a construction project have the right to file a mechanic's lien to get compensated.

Per Minnesota Statutes, chapter 514, a mechanic's lien is enforceable against any individual or business that has completed construction on a property or supplied materials to do so. Thus, if they are not paid, the builder, any subcontractors, and any suppliers of building materials may attempt to seize the asset in court. 

Minnesota Mechanics Lien Search 

A Minnesota lien search can be conducted at the county recorder's office in the jurisdiction where a property is located. In compliance with state statutes, all real estate liens must be evaluated, recorded, protected, and preserved by the Office of the County Recorder. A requester must provide the property's address to the Recorder's Office personnel to search the in-house database or manual property information index.

What is a Mortgage Lien in Minnesota?

A mortgage lien in Minnesota is a type of lien that a mortgage lender obtains on each loan backed by a property. By obtaining a mortgage loan, the borrower consents to utilize the real estate as security or collateral for the debt, subjecting the asset to a voluntary lien. Through a mortgage lien, the lender retains ownership of the property until the debt is paid in full. According to the terms of the mortgage lien document, nonpayment of the mortgage may result in the lender taking possession of the house per 582.32 of the Minnesota statutes.

What is a UCC Lien in Minnesota?

A UCC lien in Minnesota is a legal instrument lenders use to prove their ownership of assets borrowers use to obtain loans. A creditor in Minnesota files the UCC form to notify a debtor—a person who owes a debt to the creditor as usually stipulated in an agreement —that may have an interest in the debtor's personal property. The Uniform Commercial Code, Chapter 8280, governs the state-specific laws of Minnesota regarding the filing and execution of liens.

UCC Lien Search Minnesota

Minnesota has a central filing system for UCCs.To perform a UCC search in Minnesota, interested persons can visit the UCC/Tax Lien page maintained by the Minnesota Secretary of State (SOS). A search can be performed using the debtor's name or the file number.

UCC Search Using a Debtor's Name 

A UCC search using a debtor's name is handy when official search reports are not required; typically, these search findings are not admissible in court. A UCC search using the debtor's name can be performed thus:

• Visit the Tax Lien/UCC page and Create an account on the website of the SOS in Minnesota;
• Get a subscription based on how many name searches are needed.
• To use the search box above, select "UCC Debtor Name";
• In the search box, enter the debtor's name.  

UCC searches using file numbers

File numbers of UCC lien documents can be used to perform a UCC lien document search in Minnesota. Searches using file numbers can be conducted without creating an account.

• Visit the Tax Lien/UCC page.
• "File number" is chosen by default.
• Click "search" after entering the file number in the search field.

For a small fee, copies of some lien records can be obtained online via the Minnesota Business and Lien System (MBLS).

What is a Lien Title in Minnesota

In Minnesota, a lien title, also known as a security interest (lien), is a contract that the car's owner and the lien holder, a lender, enter into using the car as collateral. A lien title can also be applied when a person purchases a vehicle without fully paying for it. In addition to providing a lender's insurance, a lien title enables a creditor to take back the car if the borrower defaults on the loan.

Minnesota Title Lien Search

 Members of the public can visit the Department of Motor Vehicles in Minnesota to perform a Title lien search. Interested Persons must submit the vehicle's (VIN) number or license plate number to initiate the search. A Minnesota Title lien search will provide information on a vehicle's lien history and a comprehensive vehicle report that includes ownership, history of accidents and damages, safety recalls, insurance, check on stolen cars, and sales history. A title lien search is helpful to interested purchasers, current owners, auto repair shops, insurance providers, and governmental agencies.

Free Title Lien Search in Minnesota

There is currently no means to perform a free title lien search in Minnesota. However, specific third-party sites might offer very limited title lien searches for free, providing only essential information that is not extensive. However, most of these third-party websites offer more comprehensive title lien searches for a small one-time subscription fee.

What is a Judgement Lien in Minnesota

A "judgment lien" is an interest that the court creates in a debtor's personal property or real estate as a result of a court order. A Minnesota judgment lien may arise from a civil action, divorce, child support dispute, or tax matter. Most Judgment liens are viewed as non-consensual, while certain liens are considered consensual.

Several laws govern the creation and execution of judgment liens in Minnesota. Minn. Stat. § 548.09 explains how civil judgment liens arise. While Minn. Stat. § 548.09 is the general rule on creating a judgment lien.

In Minnesota, a judgment lien usually lasts ten years after being docketed. In essence, the lien is valid for the term of the ruling. A judgment may remain in place for a very long time. To maintain it active, the creditor may take action. By initiating a new action within the statutory ten years, a judgment can be extended for an additional ten years.

Minnesota Judgement Lien Search

Interested members of the public can search Minnesota judgment lien by searching Minnesota court records online (MCRO). Searches can be done using the debtor's name and a person or business associated with the judgment lien. Searches can be filtered using the docket number and localized to the county where the court handed out the judgment.

A Minnesota judgment lien search can also be performed at the county recorder's office. Recorder's offices can supply requesters with copies of lien paperwork, including lien releases, and offer free records searches through public access terminals at their physical addresses.

How to Get a Lien Release in Minnesota

A lien release is also known as a lien waiver in Minnesota. A lien release is a legal instrument that ends a claim or lien against real estate or personal property. When the lien is removed, the debtor is liberated from all further obligations related to the asset, and the original creditor loses their legal right to reclaim it. To qualify for a lien release, the debtor must clear the debts associated with a property or agree with the creditor to remove the lien.

The place to get a lien release form in Minnesota depends on what type of property the lien affects and, hence, the place where the lien was initially issued and recorded. The county recorder's office can obtain a general lien release form. A release form for mechanics liens can be obtained at the Department of Commerce, while release forms for vehicle liens can be obtained at the Department of Motor Vehicles.

A Certificate or Notice of Release will then be signed by the lienholder, the individual, business, or organization that originally recorded the lien. The original lien recording office—a county recorder, secretary of state, or other government office—must receive the paperwork. A fee of $15 must be paid at the county recorder's office for the lien release to be recorded.