{"id":369339,"date":"2016-04-04T10:47:23","date_gmt":"2016-04-04T15:47:23","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/realestate\/mortgages-equity-loans\/what-is-a-mortgage-lien.html"},"modified":"2024-04-05T10:32:15","modified_gmt":"2024-04-05T15:32:15","slug":"what-is-a-mortgage-lien","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/mortgages-equity-loans\/what-is-a-mortgage-lien.html","title":{"rendered":"What Is a Mortgage Lien?"},"content":{"rendered":"\n
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What Is a Mortgage Lien?<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A mortgage lien is a legal right a lender has to take your property if you fail to pay your debt. In common conversation, most people mix mortgages with simple loan arrangements, but a mortgage is not simply a loan.<\/p>\r\n

It is an interest in the real property the lender (lienholder) holds as protection of the borrower fails to repay the loan. As a creditor, the lender has a legal claim against the homeowner\u2019s property.<\/p>\r\n

Other types of liens<\/a> include judgment liens, mechanic\u2019s liens, and IRS federal tax liens. Like property tax liens, all of these types of encumbrances<\/a> can affect your real estate and property title.<\/p>\r\n

This article focuses on mortgage loan liens. For related articles and resources, see FindLaw’s Mortgages and Equity Loans<\/u><\/a> FAQ section.<\/p>\r\n

The Mortgage as an Interest<\/b><\/h2>\r\n

Borrowed money often plays a central role in the home sale or home-buying process. A borrower will owe an outstanding debt to a bank that charges interest rates on the repayment. While the borrower is on a payment plan, the lender retains a mortgage interest against their property.<\/p>\r\n

A mortgage interest can take one of two forms depending on which state you live in. The lender can either:<\/p>\r\n