Virginia Lien: A Complete Guide to Liens in the State

A lien is essentially a legal hold on a piece of property that ensures that a debt or obligation is paid. After a lien is recorded, a creditor is permitted to enforce that lien, which essentially means the property owner cannot sell, refinance, or transfer the piece of property until that lien is satisfied. Lien laws vary by state, so understanding your state’s lien rules is critical.

What Is a Lien in Virginia?

A Virginia lien is a legal claim against a property due to a debt owed by the property owner. A lien is basically a legal document that prevents the property owner from transferring or refinancing the property until the debt is paid. If the debt is not paid, the creditor may take legal action to be paid back, potentially including selling or taking possession of the property to protect their investment.

Once the lien is filed, it will be recorded publicly, which will mean it can be difficult for the property owner to sell, refinance, or transfer the property until the debt is paid off. Since Virginia's lien laws (including how long they last and how to remove them) are subject to change, it is important for both property owners and creditors to understand the rules.

Types of Liens in Virginia

Virginia law recognizes several types of liens. The common ones are listed below:

1. Property tax liens are legal claims the local government puts on your real estate if you do not pay your property taxes. These liens happen automatically each year and give the government the first right to collect what’s owed. The lien stays on until all taxes, penalties, and interest are paid. If the debt is not paid over time, the property could be sold to recover the money.
2. In Virginia, a mechanic’s and materialman’s lien, established under Virginia Code § 43-3, protects contractors and suppliers by giving them a legal claim on a property if they are not paid for work or materials. Filed following specific rules, this lien can lead to the property being sold to recover the debt, ensuring those who improve a property have a way to get paid.
3. Virginia Code § 8.01-458 says that when a court awards a money judgment against someone, that judgment becomes a lien on their real estate once it’s properly recorded. In Virginia, this means a creditor can place a legal claim on a debtor’s property by filing the judgment in the clerk’s office where the property is located. This gives the creditor the right to have the debt paid before the property can be sold or transferred, and in some cases, the property may be sold to satisfy the debt.
4. A mortgage lien is a legal claim a lender places on your home to secure the loan. Usually created through a deed of trust, it lets the lender take and sell the property if you stop making payments. The lien stays until the loan is fully paid off.

How to Search for Liens in Virginia

Lien records in Virginia are public and can be accessed through:

• Circuit Court Clerk’s Offices: Each of Virginia’s 95 counties and 38 independent cities keeps records of property and lien filings. You can search these records by owner name, parcel number, or property address.
• Online Court and Land Records Portals: Many Virginia areas, like Fairfax County and Virginia Beach, offer online property and lien searches.
• Virginia Judiciary Online Case Search: Judgment liens may be located through the state’s public court records system.
• Title Companies and Third-Party Services: Frequently used in real estate transactions to perform comprehensive lien searches.

Lien Records in Major Virginia Cities

Because lien records are locally maintained, searches must be performed in the correct county or independent city:

• Virginia Beach (Independent City): The Virginia Beach Circuit Court Clerk’s Office handles property and lien filings. You can find them at 2425 Nimmo Parkway, Virginia Beach, VA 23456.
• Norfolk (Independent City): Norfolk Circuit Court Clerk provides lien search services.
• Chesapeake (Independent City): The Chesapeake Circuit Court Clerk keeps all property and lien records, including deeds and mortgages, available in person and online.
• Richmond (Independent City): The Richmond Circuit Court Clerk manages property and lien searches.
• Arlington (Arlington County): Arlington County Circuit Court Clerk provides lien and property record access.

How Long Does a Lien Stay on Property in Virginia?

Lien duration in Virginia varies by type:

• Property Tax Liens: Remain until taxes are paid or the property is sold at a tax sale. Redemption rights usually last 2 years.
• Mechanic’s Liens: Must generally be enforced within 6 months of project completion or within 90 days of work cessation, whichever comes first.
• Judgment Liens: Virginia Code § 8.01-251 sets the rules for how long judgment liens last. For judgments before July 1, 2021, liens are valid for 20 years and can be renewed twice, each renewal adding another 10 years. For judgments entered on or after that date, liens last 10 years but can also be extended twice for 10-year periods, potentially lasting up to 30 years..
• Mortgage Liens: Continue until the mortgage loan is satisfied and a release is filed.
• Tax Liens (IRS/State): Federal liens last 10 years, while state liens follow Virginia’s collection statutes.

How to Remove a Lien in Virginia

Removing a lien in Virginia requires resolving the underlying debt or disputing the lien’s validity. Common approaches include:

1. Paying the Debt in Full: Virginia law says a lien can be removed once the debt is fully paid. After payment, a release certificate is filed with the local clerk to clear the lien and give you a clean title. Just pay off the debt and file the release to remove the lien.
2. Negotiating a Settlement: Sometimes, creditors agree to reduce the amount to be paid. Once you pay, they file a release to remove the lien from your property. This can help resolve liens more quickly and avoid further issues.
3. Court Petition: Property owners in Virginia can petition to remove liens that are fraudulent, invalid, or filed incorrectly. This often involves proving the lien is improper and may require a court process. Taking action to challenge such liens helps clear the property title and protect ownership rights.
4. Recording a Release or Satisfaction: After paying off a lien, it is important to make sure the lienholder files a formal release. If they do not, the lien stays on record and can cause problems when selling or refinancing. Recording the release clears the title and protects your ownership rights.

Liens are legal holds on a person's property when you owe someone money. In Virginia, they are very significant because they defend people who lend money while making sure property owners actually pay their debts.

Because Virginia follows strict deadlines and uses a county- and city-based recording system, it is wise to work with a circuit court clerk, title company, or attorney to make sure liens are handled correctly. Taking the right steps ensures property owners keep clear titles and enjoy smoother real estate deals.