Does a general warranty deed protect a buyer against liens on the property?

All replies are appreciated. Thanks.

Nope. Should; but doesn't. In some jurisdictions, Mechanics Liens, and probably other attachments) may be recorded as much as 30 days (and probably longer some places) AFTER a a property was Conveyed. Best to have your own Attorney Certify Title and ensure nothing is attached during the weeks, or months, following Purchase.

Thanks for the response Vermont007!

I am interested in a property in Texas, but there is a mechanic's lien on the title for about $14,000. Will a general warranty deed protect me from this if the lien was placed over 10 years ago?

Thanks for the replies.

Well, to give you a "Clean Title" meaning a Deed with wording similar to it being warranted to be "free and clear of all encumbrances", then certainly that Lien, which has been of Record for 10 years, will have to be discharged. That's what Warranty means.

Someone from Texas can answer what additional problems might be of concern there. But this is why you should secure Legal Counsel. It's not an area for "Do-it-Yourselfers". A good Conveyance Attorney can give you peace of mind (and sell you Title Insurance!)

I find it unpleasant paying my own bills; I'd really hate to have to pay someone else's !

Evergreen call a real estate attorney.

The mechanics lien depends on your state statutes.The lien interest could have been sold off,the person owning the lien could have died,or by state statutes the lien interest could have expired. In some states contractors have to recertify there liens every so many years and after a certain amount of time they can no longer recertify.This varies by state.

If the lien is still valid you can negotiate to settle the lien.So if 14k is owed you could offer 2k and see what happens.After 10 years the person will be happy to just get any money.A title company will not issue title insurance with an existing lien on the property.They are an insurance company and they want to pay out the least claims as possible-this is not there first rodeo.

If the lien is still on there but not valid the title would be clouded and you would file a motion to have the invalid lein removed.

Your replies are very helpful, super realtor and Vermont007. Thanks!

In the state of Texas they like to see vendors get paid. You would be much better off negotiating with the lien holder to take less. Unless you can prove that the lien holder was already paid.