Wisconsin Lien: A Complete Guide to Liens in the State

A lien is basically a legal claim on someone’s property that acts as security for a debt or obligation. Once a lien is filed, it gives the creditor certain rights and prevents the property owner from selling, refinancing, or transferring the property until the debt is settled. Because lien laws can vary from state to state, it is important to know how they work in Wisconsin.

What Is a Lien in Wisconsin?

In Wisconsin, a lien is a legal encumbrance that a creditor may place on your property, such as your home, your land, or your vehicle, until you pay your debt. Liens are recorded in the public record, so buyers and lenders can identify any unpaid debts associated with the property. For the owner of the property, liens can keep you from selling or refinancing your property until cleared.

For buyers of property, performing proper due diligence regarding liens can help avoid unpleasant surprises later, and for creditors, a lien provides a measure of security for payment on a debt. Liens are also tricky in that they are subject to strict deadlines, and if they are not handled timely, they can become indefensible.

Types of Liens in Wisconsin

The following are the common types of liens in Wisconsin:

1. A property tax lien is the government’s legal claim on your property when you do not pay your property taxes. It stops you from selling or transferring the property until the taxes are paid. Instead of selling the lien, Wisconsin allows the county to take ownership of the property through a court process if taxes remain unpaid for a while. After a 3-year redemption period, the county can sell the property to recover the taxes.
2. According to Wisconsin Statute Chapter 779, a mechanic’s or construction lien in Wisconsin is a legal claim that contractors, subcontractors, and suppliers can place on a property when they have not been paid for labor or materials used to improve it. This lien protects their right to get paid by creating a claim against the property, which can block sales or refinancing until the debt is settled.
3. Per Wisconsin Statute § 806.15, a judgment lien in Wisconsin is created when a creditor wins a lawsuit, records the judgment against a person’s real estate, and puts a legal hold on that property for ten years. This makes it tough to sell or refinance until the debt is paid, and once the lien is filed with the circuit court clerk, it can attach statewide.
4. Wisconsin Statute Chapter 708 provides that a mortgage lien in Wisconsin is a legal claim a lender places on a home when lending money to buy it. This lien acts as collateral, so if the homeowner does not repay the loan, the lender can foreclose on the property. A mortgage lien is voluntary; homeowners agree to it when they sign the mortgage. It usually lasts as long as the loan is unpaid, often up to 30 years, but can be extended if needed.

How to Search for Liens in Wisconsin

Lien records in Wisconsin are public and can be searched through:

• County Register of Deeds Offices: Each of Wisconsin’s 72 counties keeps property and lien records, which can be searched by owner name, parcel number, or address.
• Online County Portals: Larger counties such as Milwaukee, Dane (Madison), and Waukesha provide online access to lien and property searches.
• Wisconsin Circuit Court Access (CCAP): Judgment liens can be located through the state’s online case management system.
• Title Companies and Third-Party Services: Frequently used during real estate closings for comprehensive lien searches.

Lien Records in Major Wisconsin Cities

Since lien records are maintained at the county level, searches need to be conducted through the appropriate county office

• Milwaukee (Milwaukee County): The Milwaukee County Register of Deeds handles property and lien filings, offering convenient online access to these records.
• Madison (Dane County): The Dane County Register of Deeds offers lien searches both online and in person.
• Green Bay (Brown County): Brown County Register of Deeds maintains property and lien records.
• Kenosha (Kenosha County): The Kenosha County Register of Deeds provides access to lien records.
• Racine (Racine County): Racine County Register of Deeds manages lien and property filings.

How Long Does a Lien Stay on Property in Wisconsin?

Lien duration in Wisconsin depends on the type:

• Property Tax Liens: These liens remain in place until the taxes are paid or the property is sold at a tax deed sale. In most cases, redemption rights last for two years.
• Mechanic’s Liens: These liens must usually be enforced within two years of filing, or they expire
• Judgment Liens: They are valid for ten years but can be renewed if needed.
• Mortgage Liens: They remain in place until the mortgage loan is fully paid off and officially released.

How to Remove a Lien in Wisconsin

Removing a lien in Wisconsin requires resolving the debt or disputing the lien’s validity. Common methods include:

1. Paying the Debt in Full: Once the debt is settled, the lienholder is required to provide a release, which then needs to be filed with the county register of deeds.
2. Negotiating a Settlement: Creditors may agree to accept a reduced payment, after which they file a lien release.
3. Court Petition: Property owners can ask the court to remove liens that are fraudulent, invalid, or filed in error.
4. Recording a Satisfaction or Release: Even after making the final payment, property owners should make sure the lienor files the release so the title is officially cleared

Liens play an important role in Wisconsin when it comes to property and debt. They give creditors a way to protect their interests while also making sure property owners meet their financial responsibilities. If you own property, are looking to buy, or work with lenders, it is helpful to understand the different types of liens, how to look them up, how long they stay in place, and what steps you can take to remove them.

Since Wisconsin has strict deadlines and uses a county-based filing system, it’s often a good idea to work with the register of deeds, a title company, or an attorney to make sure everything is handled correctly. Taking the right steps can help property owners avoid complications, keep titles clear, and make real estate transactions go more smoothly.