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Minnesota Lien: A Complete Guide to Liens in the State

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A lien is a legal claim recorded against a debtor’s property to secure repayment of a debt or obligation. Once a lien is filed, it grants a creditor the right to enforce their claim on the debtor’s property. These actions prevent the debtors from selling, refinancing, or transferring ownership of their property until the lien is resolved.

What Is a Lien in Minnesota?

In Minnesota, a lien is a creditor’s legal right to attach a claim to a debtor’s property until the debt is repaid. Liens may attach to either real property (such as homes, land, and commercial buildings) or personal property (including vehicles, business equipment, or other assets). Once filed with the Minnesota Secretary of State or the county recorder, liens become part of the public record, alerting buyers, lenders, and title companies to outstanding obligations.

Types of Liens in Minnesota

Common types of liens filed in Minnesota include:

  1. Property Tax Liens - These are filed by the government when residents or companies refuse to pay their property taxes. According to Section 270C.63 of the Minnesota Statutes, these liens take priority and may lead to the loss of the property.
  2. Mechanic’s Liens - These liens are filed by licensed contractors, subcontractors, or suppliers for unpaid labor or materials. The contractors must file and serve the lien within 120 daysafter the last day of work with the District Court.
  3. Judgment Liens - They are issued by a court when a creditor wins a lawsuit and secures a claim or security interest over a debtor’s property. These liens may be attached to real estate once they are docketed with the district court.
  4. DHS Liens - These are liens filed by the Minnesota Department of Human Services (DHS) against an individual’s property to recover the amount of Medical Assistance paid on their behalf.
  5. Medical Assistance Liens - These liens, also known as MA Liens, are filed against an MA member’s real property to recover the MA costs of such member in a medical institution.
  6. Nonconsensual Common Law Liens - These are liens that arise from state laws and are enforced without a person’s permission.
  7. Mortgage Liens - These are liens that a mortgage lender obtains on a loan backed by a property. Through a mortgage lien, the lender retains rights over the property until the debt is completely paid.
  8. Liens for Hospital Charges- These are filed by a firm or individuals operating a hospital against individuals or patients over non-payment of bills or charges.

How to Search for Liens in Minnesota

Lien filings contain information that includes creditor details, the amount of debt, filing dates, and property descriptions. Lien records are regarded as public data under the Minnesota Government Data Practice Acts. Individuals or firms may access them through:

  • County Recorder or Registrar of Titles Offices: Individuals may visit the county recorder's office (where the lien was filed and recorded) to access lien and property filings. They may require a search to be performed by using the names, parcel number, or legal description.
  • Minnesota LandShark System: Many counties participate in this online portal for property and lien searches. Users may be required to pay fees for access to the documents.
  • Minnesota Court Records: The Minnesota Judicial Branch provides a Case Search Portal that allows individuals to search for court records, which include judgments.
  • Title Companies and Third-Party Services: Some companies provide professional lien searches, commonly used in real estate closings, for the public. Users must be careful, as official records are available at the recorder’s office.

Lien Records in Major Minnesota Cities

Individuals may obtain copies of lien records for Minnesota cities in the county where the property is located. Some major counties in the state include:

How Long Does a Lien Stay on Property in Minnesota?

Lien duration in Minnesota usually varies depending on the lien type:

  • Property Tax Liens: They remain active until the taxes are fully paid or the property is forfeited to the state (usually after 3 years for homestead property).
  • Mechanic’s Liens: These liens must be enforced by court action within 1 year of filing, or they expire.
  • Judgment Liens: They are valid for 10 years, and a creditor may apply for renewal of the lien.
  • Mortgage Liens: The lien remains in place until the mortgage loan is fully paid, and a satisfaction of the lien is recorded.
  • Tax Liens (Federal/State): Federal and state liens last 10 years.

How to Remove a Lien in Minnesota

There are several ways to remove a lien in Minnesota. They include:

  • Paying the Debt in Full: An easy way to remove a lien is the complete payment of the debt. This forces the lienholder to issue a satisfaction or release, which must be filed with the county recorder.
  • Negotiating a Settlement: A creditor may accept reduced payment terms from their debtors.
  • Court Petition: A property owner may petition a court to remove the lien from their property if the lien is fraudulent, invalid, or improperly filed.

Liens in Minnesota help to resolve debts between a creditor and their debtor. They protect creditors while requiring debtors (property owners) to fulfill their financial obligations. Individuals, firms, brokers, and lenders must obtain all necessary information about liens in the state. They may find such info with a county recorder, title company, or an attorney.

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