Missouri Lien: A Complete Guide to Liens in the State

A lien is a legal claim recorded against property to secure repayment of a debt or obligation. Once filed, it grants creditors enforceable rights and prevents property owners from selling, refinancing, or transferring ownership until the lien is satisfied.

What Is a Lien in Missouri?

In Missouri, a lien is a creditor’s legal right to a security interest in a debtor’s property. When a creditor files a lien against a debtor, the lien prevents the debtor from selling the property until the debt has been fully paid. Liens are applied to a debtor’s real property (such as homes, land, or commercial buildings) or personal property (including vehicles, business assets, or equipment).

Once the liens are created and recorded in the county Record of Deeds office, they become examples of public record. Interested individuals, potential buyers, lenders, and title companies may access the record.

Types of Liens in Missouri

There are many liens filed in Missouri, ranging from property taxes to medical bills. A brief summary of the different lines available in the state includes:

1. TaxLien- This occurs when the federal or state government places a lien on the property of individuals or companies for unpaid property taxes. Section 92.710 of the Revisor of Missouri permits the Department of Revenue to file the lien against the debtors or tax defaulters. The Department of Revenue must file the lien with the county’s recorder of deeds office, where the debtor’s property is located. These liens have high priority, and failure to satisfy them may result in the sale of the debtor’s property by auction or at a tax sale.
2. Mechanic’s Liens - A contractor may file a mechanic's lien if a property owner refuses to pay for the labor or materials used in construction or property improvements. Missouri laws have strict notice and filing requirements for mechanics' liens. According to Chapter 429.060 of the Missouri Revised Code, the lien has precedence over other liens on the property.
3. Judgment Liens - These are court orders that give a creditor legal right over a debtor’s real estate. Judgment liens, attached to the debtor’s real property, allow the creditors to recover their funds. The lien may only be attached to a debtor’s property located in the county register of deeds office where the lien was filed.
4. Mortgage Liens - These liens are placed by lenders on real estate properties that are used as collateral for a mortgage. The liens are active on the property until the mortgage is fully paid and released.
5. HOA or Municipal Liens - The law permits homeowners’ associations to file a lien on a unit for unpaid dues or by municipalities for delinquent utilities, code enforcement violations, or assessments.

How to Search for Liens in Missouri

To search for lien records in Missouri, the public may contact any of the following:

• County Recorder of Deeds Offices: Every county (including the City of St. Louis) has a recorder of deeds office that maintains property and lien records. For individuals to search for liens, they must know the name of the lienholder, the address, or the parcel ID.
• Online County Databases: Many counties, such as St. Louis County, Jackson County, and Greene County, maintain an online portal where the public may access lien records and property filings.
• Missouri Court Portal (Case.net): The Missouri Judicial Branch provides an online portal that enables the public to search for court cases, including judgment liens.
• Title Companies and Third-Party Services: The public may consult third-party companies to view lien documents and titles. This is common in real estate transactions, as users of this record must be careful because this is an unofficial source.

Lien Records in Major Missouri Cities

In lien filings, individuals may find creditor details, the amount of debt, the filing date, and a description of the property. Lien searches are conducted at the county level, so they must be performed in the county where the property is located. Examples include:

• Kansas City (Jackson County & Clay County): Jackson County Recorder of Deeds and Clay County Recorder maintain lien filings, with online portals available to the public.
• St. Louis (Independent City & St. Louis County): Lien records are handled separately by the City of St. Louis Recorder of Deeds and the St. Louis County Recorder’s Office.
• Springfield (Greene County): The Greene County Recorder of Deeds maintains lien and property records.
• Columbia (Boone County): Boone County Recorder of Deeds provides access to lien filings for the public online or in-person by submitting a Real Estate/Tax Lien Copy Request Form.
• Independence (Jackson County): Covered under the Jackson County Recorder of Deeds system.

How Long Does a Lien Stay on Property in Missouri?

Lien duration in Missouri varies by type:

• Property Tax Liens: They remain in place until the taxes are paid or the property is sold at a tax sale.
• Mechanic’s Liens: These liens must be enforced within six months of filing, or they may expire.
• Judgment Liens: They are valid for 10 years in the state and may be renewed by the creditor in court.
• Mortgage Liens: They are placed on the property until the mortgage loan is satisfied and the lender files a release of the mortgage lien.
• Tax Liens (Federal): Federal tax liens generally last 10 years.

How to Remove a Lien in Missouri

Missouri’s collection statutes govern state liens, addressing the debt or disputing the lien’s validity. Common methods include:

• Paying off the Debt: The debtor may work with the lienholder to pay off their debts.
• Negotiating a Settlement: Creditors may accept partial repayment from the debtors.
• Court Action: Debtors may challenge fraudulent, invalid, or improperly filed liens on their property in court.
• Recording a Release or Satisfaction: They may fill out a release of lien form, and the lienholder signs it.
• Run out a lien under the statute of limitations: Under the Missouri laws, most liens expire after 10 years.

Liens in Missouri are vital tools that assist creditors in recovering their funds from their debtors. All parties must understand the types of liens in Missouri, how to search for them, how long they last, and the process for their removal. They may obtain information from a county recorder of deeds, a title company, or an attorney. With the right approach, property owners can maintain clear titles and smoother real estate transactions in Missouri.