Ohio Lien: A Complete Guide to Liens in the State

A legal claim filed on property to ensure that a debt or obligation is paid back is known as a lien. Property owners are prohibited from selling, refinancing, or transferring ownership until the lien is settled. Once filed, it gives creditors enforceable rights. It is critical to comprehend Ohio's regulations because state-by-state variations exist in lien laws.

What Is a Lien in Ohio?

A lien in Ohio refers to a creditor's legitimate authority to affix a claim to a debtor's assets until payment is received. Title 13, Chapter 1311 of the Ohio Revised Code contains the main laws pertaining to liens in Ohio.

Real estate (houses, land, and business buildings) and personal property (automobiles, machinery, and other assets) are both subject to liens. Liens notify lenders, purchasers, and title firms of unpaid debts once they are recorded and become part of the public record.

Liens can make it difficult for property owners to refinance or sell their homes until they are paid off. Lien searches are an essential pre-closing precaution for buyers. Liens give creditors legally binding security for payment.

Types of Liens in Ohio

The most common liens filed in Ohio include the followng:

1. Mechanic’s Liens

For people who supply labor, services, or materials for the improvement of real estate, mechanic's liens are a potent statutory lien. On commercial projects, this includes architects and engineers as well as general contractors, subcontractors, laborers, and material suppliers. There are stringent standards and filing dates for this extremely specialized lien.

1. Judgment Liens

By submitting a certificate of judgment to the county clerk, a creditor who has obtained a court judgment against a debtor may establish a lien on the debtor's real estate. This lien can be utilized to compel the sale of any real estate the debtor owns in that county to pay off the judgment.

1. Mortgage Liens

A mortgage is a legally binding lien placed on a borrower's assets by a lender. To guarantee loan repayment, it grants the lender a security interest in the property.

1. Tax Liens

Federal and state tax authorities may impose liens on an individual's property to collect unpaid taxes. Other claims may be superseded by these liens.

1. Broker’s Liens

To ensure they receive payment for their commission on a sale or lease, a real estate broker may put a lien on commercial real estate. This kind of lien is unique and has its own set of guidelines.

1. Garage Keeper’s Liens

A lien is placed on a car for the charges of the person who fixes, tows, or stores it. This lien gives the holder the authority to keep the car until the debt is settled.

1. Innkeeper’s Liens

Hotels and innkeepers have the right to impose a lien on a visitor's personal belongings to obtain payment for housing and other expenses.

1. Storage Liens

The owner of a self-service storage facility has a lien on the personal belongings kept in a unit to collect unpaid rent and other costs.

1. Medical and Hospital Liens

A hospital or other healthcare provider may impose a lien on a patient's settlement or verdict in a personal injury case to collect payment for the medical services they rendered.

How to Search for Liens in Ohio

Lien records in Ohio are public and may be searched from the following sources:

• County Recorder’s Offices: Ohio's 88 counties all keep property and lien records in their County Recorder's Offices. You can search by address, parcel number, or name of the property owner..
• Online County Databases: Counties such as Hamilton (Cincinnati), Franklin (Columbus), and Cuyahoga (Cleveland) offer online portals for property and lien records.
• Ohio Court Records (Clerk of Courts): You may find judgment liens on county-level court websites, according to Ohio Court Records (Clerk of Courts)..
• Title Companies and Third-Party Services: You may also engage third-party services and title companies to perform comprehensive lien searches in real estate transactions..

Lien filings generally include creditor details, debt amounts, filing dates, and property descriptions.

Lien Records in Major Ohio Cities

Because lien searches are county-based, they must be conducted in the county where the property is located:

• Columbus (Franklin County): The Franklin County Recorder manages lien filings, with online access available.
• Cleveland (Cuyahoga County): The Cuyahoga County Recorder uses an online system to deliver property and lien records.
• Cincinnati (Hamilton County): The Hamilton County Recorder keeps track of property and lien filings both online and in person.
• Toledo (Lucas County): The Lucas County Recorder oversees property and lien filings in Toledo, which is part of Lucas County.
• Akron (Summit County): Access to lien and property records is available through the Summit County Recorder in Akron.

Each county sets its own rules regarding fees, online searches, and certified copies.

How Long Does a Lien Stay on Property in Ohio?

Lien validity in Ohio depends on the lien type:

• Property Tax Liens: These remain until paid or until the property is sold at a tax lien sale. Redemption rights for these typically last 1–2 years, depending on the county.
• Mechanic’s Liens: These must generally be enforced within 6 years of filing, or they expire.
• Judgment Liens: Judgment liens are valid for 5 years, with the option to renew.
• Mortgage Liens: These remain in play until the mortgage loan is fully satisfied and released.
• Tax Liens (IRS/State): Federal liens generally last 10 years, while state liens follow Ohio’s statutory collection rules.

If not formally released, liens may remain active even after repayment.

How to Remove a Lien in Ohio

Removing a lien in Ohio requires addressing the debt or challenging the lien’s validity. Common methods include:

1. Paying the Debt in Full: After the lienholder is satisfied, they must grant a release and file it with the county recorder's office.
2. Negotiating a Settlement: Creditors may accept partial repayment or alternative terms, followed by recording a lien release.
3. Court Petition: Property owners may seek removal of fraudulent, invalid, or improperly filed liens through court action.
4. Recording a Release or Satisfaction: Property owners should make sure the lienholder files the release to clear the title even after repayment.

If there is no record of your lien being resolved, it can affect property transfers even when you have settled the liens on that property.

Liens are a crucial component of property and debt enforcement in Ohio because they protect creditors and require property owners to pay their debts. Buyers, sellers, and lenders may all conduct transactions more easily if they are aware of the many kinds of liens in Ohio, how to look for them, how long they last, and how to get rid of them.

Due to Ohio's stringent deadlines and county-specific filing regulations, collaborating with a recorder's office, title business, or lawyer can help guarantee that liens are appropriately settled. Property owners can preserve clean titles and steer clear of issues in Ohio real estate transactions with the right management.