Can a lien be placed against a house that already has a mortgage on it?

Full question:

If a house is mortgaged with the mortgage company as lien holder. Can someone else put a lien on that house?

• Category: Real Property
• Subcategory: Liens
• Date: 04/07/2025
• State: North Carolina

Answer:

A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. Some liens arise by statute or by the operation of law without the consent of the property owner. These laws give a creditor the right to impose a lien on an item of real property by the existence of the relationship of creditor and debtor. These liens include:
tax liens, imposed to secure payment of a tax; mechanic's liens, which secure payment for work done on property or land; and judgment liens, imposed to secure payment of a judgment.

A mechanics' lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. In the realm of real property, it is called by various names, including, generically, construction lien. It is also called a materialman's lien or supplier's lien when referring to those supplying materials and a laborer's lien when referring to those supplying labor.

Unlike personal debts, tax liens on real estate "run with the land"; that is, a property owner becomes responsible for payment even if the tax obligation was incurred by a prior owner. On real property, one of two methods may be used: either the property may be seized and sold (a tax deed sale), or in some States the tax lien may be offered to investors (in the form of a tax lien certificate) with an accompanying right for the investor, after a specified period of time, to institute foreclosure proceedings (a tax lien sale). .

A federal tax lien may arise in connection with any kind of federal tax, including but not limited to income tax, gift tax, forgiven debt, or estate tax. Internal Revenue Code section 6321 provides: If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belong to such person.

A judgment lien is created when a plaintiff gets a judgment for money damages against a defendant and records that judgment in the county where land of the defendant is located.