Vermont Lien Search

In Vermont, lien searches are conducted to identify liens attached to personal or real estate properties. Such searches are typically done by contacting the agency responsible for keeping lien information. Designated custodian agencies keep records of specific liens filed in the state. For instance, Vermont’s town clerks are custodians of contractor or artisan liens. They may also be held as part of Vermont civil court records. Lien searches are necessary precautions to take before purchasing a property. Lien searches will reveal financial obligations or debts attached to properties.

Note: The term “property includes both movable assets and real estate properties.

What is a Lien in Vermont?

In Vermont, liens refer to a creditor's right over all or some of a debtor's property until the debt is repaid. In this agreement, the creditor has the right to repossess or sell off the property if the debtor fails to fulfill the debt conditions. Debtors are also unable to sell or transfer ownership of liened properties without the creditor's consent.

Creditors in a lien agreement are referred to as lienholders. Examples of creditors in lienholders include financial or credit facilities, contractors, and artisans.

There are different types of liens in Vermont. Each lien type may apply to specific or all properties. For example, mortgage liens only affect the debtor's real estate property that was used as collateral.

Types of Liens in Vermont

Liens in Vermont are categorized based on different factors. For instance, liens based on the type of creditor may include the following:

• Contractors’ liens
• Artisan lien
• Wage lien
• Liens on ships for labor or material
• Federal liens
• Title lien
• Mortgage lien
• UCC lien
• Liens on animals

There are also lien types based on the debtor's control over which properties are to be liened.

General Liens in Vermont

In Vermont, general liens are a creditor's right over any property under the debtor's name. This means the creditor has the right to repossess or sell off any of the debtor's property to recoup the debt. The creditor may place general liens on real estate or personal properties. Nevertheless, Vermont's homestead laws prevent creditors from selling off the debtor's primary residence that is valued below $125,000. If the property is valued above this figure, the creditor will decide which parts of the property to sell off.

Examples of general liens in Vermont include the following:

• Tax liens
• Judgement Lien

Specific Liens

Specific Liens are a creditor's legal right over specific properties. The property in question could be real estate or personal property. That being said, creditors in a specific lien do not have the right to claim properties that are not part of the lien agreement. Examples of a specific lien include title liens, mortgage liens, and contractors’ liens.

Consensual vs Involuntary Liens

A debtor's consent is the differentiating factor between consensual and involuntary liens. In the former, the debtor willingly puts up a specific property as collateral in a lien agreement. In contrast, in an involuntary lien, debtors have no control over which property is placed under lien. Examples of involuntary liens include tax and judgment liens.

Statutory Liens

Statutory liens are backed by the state laws. Chapter 51 of Vermont Statutes provides information on all statutory liens, including their specific requirements and processes. Examples of statutory liens in Vermont include tax liens, contractors’ liens, and artisan liens.

What is a Tax Lien in Vermont?

Under Title 32 of the Vermont Statutes, Vermont tax liens are a creditor's right over a tax debtor's real or personal property. A tax collector representing a city or state serves as the lienholder of the tax lien. That being said, the creditor will take action to sell the properties if the tax debt is unpaid after two years of placing the lien.

Under state law, tax liens come into effect when the debtor files a notice of lien with the town clerk on or after April 1. Note that the creditor will only file a tax lien in regions where the property is situated. Likewise, the state also requires creditors to notify debtors of the presence of a tax lien.

Tax liens have priority over all other liens in Vermont. In other words, the tax lien is first settled before another creditor can lay claim to the property. Tax liens also prevent debtors from selling, mortgaging, exchanging, or pledging licensed properties.

Are Tax Liens Public Record?

Tax liens are part of public arrest documents in Vermont. Vermont’s Department of Taxes, via the Agency of Administration, maintains an online list of the top 100 individual or business tax debtors. Record subjects may also find information on existing tax liens by contacting the state agency. Thus, visit the agency in person during business hours at:

Vermont Department of Taxes
P.O. Box 429
Montpelier, VT, 05601-0429
Phone: (802) 828-2518
Fax: (802) 828-5282

Vermont Tax Lien Search

Searches for Vermont tax liens must start with a request to the state's Department of Taxes. The agency allows online or in-person requests for tax information. To request tax liens online, record seekers must fill out an online request form on the agency's website. In contrast, you may visit the agency in person to inquire and obtain copies of the records. The Department of Taxes is located at:

Vermont Department of Taxes
P.O. Box 429
Montpelier, VT 05601-0429
Phone: (802) 828-2518
Fax: (802) 828-5282

Federal Tax Lien Search

Federal tax lien lookup are inquiries for detecting federal liens on properties. Vermont residents can search federal tax liens through the Internal Revenue Service (IRS). The agency maintains an online search portal through which requesters can find tax liens on properties. An alternative option for finding federal tax liens is to inquire in person at the IRS office in Vermont.

128 Lakeside Avenue
Burlington, VT 05401
Phone: (844) 545-5640

What is a Lien on Property in Vermont?

In Vermont, a lien on property is a legal claim against a debtor's property. Creditors will place a property lien if the property owner either defaults on repaying a loan or uses the property as collateral. In this lien contract, the debtor is unable to sell, transfer ownership, or pledge liened properties.

There are different property liens in Vermont. Some liens may affect all properties under the debtor's name, while others may apply to specific properties. Title liens, contractors’ liens, and mortgage liens only affect properties set up as collateral. In contrast, tax liens and judgment liens affect all properties under the debtor's name.

Who can put a lien on a property?

In Vermont, anyone can put a lien on property. However, you must be legally eligible to place a lien on property. For example, the Vermont Department of Taxes empowers tax collection agencies to place liens on a tax debtor's properties. Contractors also have the right to place property liens, provided they provide a form of service on the liened property.

Note: Property liens are only legal when you file them with the town clerk or an eligible authority responsible for the process.

How to put a lien on property in Vermont

You can place a property lien through these general steps:

• Ensure you are eligible to put a lien on a property.
• Send a notice of intention to place a lien, if applicable to the lien type.
• Record the lien with the authority or entity in charge of recording such contracts.
• The lien will take effect once it is recorded with the appropriate agency.

Note: There are specific conditions or requirements attached to placing a property lien in Vermont. For instance, persons filing a contractor lien must do so in the county where the property is located. In addition to this, the contractor lien takes effect 180 days after the contractor provides the labor.

How to Find a Lien on Property in Vermont

You can find property liens by requesting land records from local agencies where the property is located. The town, county, or town clerk is mostly responsible for keeping records of liened properties. These agencies may provide online or offline access to property liens. To find liens on movable properties, such as vehicles, you may contact specific state-level agencies. For instance, the Vermont Department of Motor Vehicles keeps records of title liens.

Property Lien Search By Address

To search property-related liens by address, record seekers must find the agency in charge of maintaining the records. In Vermont, the town clerks are the custodians of property records. Some clerks may maintain online search portals through which requesters can search property liens by address. Alternatively, requesters can search liens by address at the record custodian's physical location. To use this option, type “County or town name+land records” in a preferred search engine. This will bring up the agency responsible for keeping the records.

Free Lien Search on Property

Record seekers may conduct free searches for property liens through custodian agencies’ search portals. Alternatively, requesters can search and view the records in-person at the town clerks’ offices. Nevertheless, you must pay the required fees for obtaining physical copies of the documents.

What is a Mechanics Lien in Vermont?

Per 9 V.S.A. § 1921, mechanic liens are also referred to as contractors’ lien in Vermont. The lien enables contractors to lay claim to a debtor's property until they pay for their services.

To activate a contractor lien, the contractor must give a notice in writing to the property owner or main contractor. The notice must contain a statement that the contractor will claim a lien for services provided. In addition, the notice must include the payment due date. However, the lien will not take effect until 180 days after the due date stated in the notice. Contractors can, however, reduce the waiting time by filing the notice of lien with the town clerk's office.

Note: Contractor liens have lower priority than mortgage liens, unless they were filed before the mortgage.

Vermont Mechanics Lien Search

In Vermont, mechanic lien information is often stored under land records. Record seekers can search and find the records at the town clerk's office. The town clerk is responsible for keeping information on mechanic liens filed on properties within the region. For example, the Milton town clerk's office is the custodian of land records. Furthermore, it allows online and offline access to the records.

What is a Mortgage Lien in Vermont?

Mortgage liens in Vermont are legal claims against a property until the debt is paid. Mortgage liens only apply to properties that were used as collateral to obtain a debt. In mortgage liens, creditors may include financial institutions like banks and credit facilities. Furthermore, these entities have the right to reclaim or sell off the property if the debtor defaults on the loan agreement. On the other hand, debtors are unable to sell off, transfer, or pledge the property to another without the creditor's consent. There are instances where debtors can transfer the mortgage lien to another party who purchased the liened property.

What is a UCC Lien in Vermont?

In Vermont, creditors use UCC liens to express their interest in a debtor's personal property. These lien serve as public notice that a creditor has the right to take possession or sell certain assets as repayment of debts owed.

UCC liens in Vermont are only effective or legal when filed with the state's Secretary of State's Office.

UCC Lien Search Vermont

You can search for Vermont UCC lien through the Secretary's online search portal. Record seekers may conduct a non-standard or standard search for UCC liens through the portal. Furthermore, requesters may search by debtor's name or by financial statement number.

What is a Lien Title in Vermont?

Lien titles in Vermont are placed on properties that were financed or bought using a loan. Title liens are also placed on properties used as collateral to obtain loans. The lien type only applies to motor vehicles, trailers, and motorized homes.

Vermont's Department of Motor Vehicles records title liens during vehicle registration. Then, it sends the vehicle registration and lien to the lienholder or creditor.

Like all lien types, you are unable to sell off or transfer ownership of liened properties without the lienholder's consent. The lienholder may choose to transfer the remaining debt to the new owner.

Vermont Title Lien Search

The Vermont Department of Motor Vehicles serves as the record custodian for title liens issued within the state. The agency maintains an online database for lien titles. To search for title lien on vehicles, requesters must input the VIN number into the agency's searchable portal.

Free Title Lien Search in Vermont

The state's DMV allows free searches for title liens. Interested parties must use the agency's search portal to find the records.

What is a Jugdement Lien in Vermont?

Jugdement liens are court orders that place liens on properties in the state. The court order empowers creditors to sell the debtor's property in order to recoup their money. Note that creditors have the right to foreclose a debtor's property after recording the court order with the town clerk.

Note that judgement liens issued in Vermont have an eight-year timeframe. This means the creditor must record the judgement with the town clerk within the set time.

Vermont Judgement Lien Search

Record seekers may search Vermont judgement liens through various government entities. The town clerks’ offices have records of all filed judgement liens. In contrast, you can also find the lien at the courthouse that handled the case. An alternative option is to search the record online through the Vermont Judiciary's search portal. To access the records via this option, you must type in the case party's name or case number.

How to Get a Lien Release in Vermont

Here's a general step-by-step guide to getting a lien release in Vermont:

1. Pay the debt or fulfill the debt condition set by the creditor
2. Upon receiving the payment, the creditor will issue a lien release letter to the recording agency. For title lien, the Department of Motor Vehicle is the recording agency. In contrast, the town clerk's office records lien types, such as contractors lien artisan lien, and judgement lien.
3. The creditor may issue a copy of the lien release to the debtor. In the case of a title lien, the debtor may send the lien release letter along with an application for a new title to the DMV.

How to Get a Copy of a Lien Release in Vermont

You can obtain copies of a lien release letter from the agency responsible for keeping the record. For instance, you can obtain a copy of the title lien release letter from the state's DMV. The town clerk's office may also release copies of lien-release documents upon request.