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Alaska Lien Search
An Alaska lien search is a process by which members of the public discover any claim or other encumbrances against a property in the state. This process generally involves reviewing public records of properties held by relevant public bodies, such as the Alaska Department of Natural Resources (DNR) Recorder's Office. Liens are also managed as part of Alaska civil court records and may be accessed by querying the office of the court clerk. A lien search is a precautionary process taken to ensure that property is free from unwanted debts and legal complications. It can help secure the interests of both a seller and a buyer in a property transaction.
What is a Lien in Alaska?
In Alaska, a lien is a legal tool used to secure an obligation or contractural debt an individual owes. A lien can be attached to a debtor's real property or assets, giving its holder a legal claim to the affected property or assets. The lien can be enforced if the debtor fails to pay or fulfill a debt or obligation. This may allow the lienholder to legally seize, foreclose, or sell the affected property or assets to recoup the amount owed or satisfy the obligation.
Types of Liens in Alaska
In Alaska, a lien can arise due to a contractual agreement, a court judgment, unpaid property taxes, or other relevant reasons. Common types of liens issued in Alaska include:
- Mechanic liens
- Tax liens
- UCC liens
- Judgements liens
- Child support enforcement liens
Furthermore, based on specific characteristics they share, these different types of lien can be grouped into specific categories. For instance, the lien coverage (general or specific), if a property owner's consent is required for their attachment (consensual or involuntary), and how they arise.
General Liens in Alaska
General liens are legal claims attached to some or all of a debtor's property because of a specific debt or obligation. Consequently, any or all the affected property may be used to satisfy the underlying debt or obligation. An example of a general lien is a tax lien, which the government can attach to all properties a taxpayer owns to secure or collect delinquent taxes the taxpayer owes.
Specific Liens
A specific lien is a lien attached to a particular property for a debt or obligation the debtor owes. Usually, the property is connected to the owed debt. Some examples of a specific lien include a mechanic's lien and a mortgage lien.
Consensual vs Involuntary Liens
Liens can be attached to a property in two ways: with or without the owner's consent. Liens that are attached to a property with their owner's consent are referred to as consensual liens. A popular example of a consensual lien is a mortgage lien. In contrast, involuntary liens do not require a property owner's consent before being attached to a property. Examples of involuntary liens include tax, judgment, and mechanic liens.
Statutory Liens
Liens that automatically arise due to the operations of laws are called statutory liens. A form of an involuntary lien, a statutory lien does not require a contractual agreement nor the consent of a property's owner before being attached to a property. Some examples of statutory liens are tax, judgement, and mechanic liens.
What is a Tax Lien in Alaska?
In Alaska, a tax lien is a legal claim the government attaches to any or all property a taxpayer owns for delinquent taxes. A tax lien protects municipal, state, and federal government's right to collect delinquent taxes by using taxpayers' real and personal property to secure a tax payment. For instance, per AS Sec. 29.45.300, property taxes are liens upon a property in favor of the government. As a result, if a property tax is not paid before the conclusion of a tax year, the government can pursue the tax lien by foreclosing the property under AS Sec. 29.45.310 - 330.
Are Tax Liens Public Record?
Yes. Tax liens are subject to the Alaska Public Records Act "APRA" (AS Sec. 40.25.100). Hence, tax liens are matters of public information in Alaska, and anyone can request tax lien records from their custodian agency.
In Alaska, relevant government agencies record federal and state tax liens against real and personal properties with the Alaska Department of Natural Resources (DNR) Recorder's Office to declare and enact the lien. Once recorded, the tax lien becomes a public record that anyone can retrieve and review. Due to the public nature of tax liens, having one on a property may negatively affect its owner's ability to sell the property, among other limitations and consequences.
Alaska Tax Lien Search
Interested persons may conduct Alaska tax lien searches through the State Department of Natural Resources (DNR) Recorder's Office. The DNR Recorder's Office records different land records, such as deeds, and tax liens against real and personal properties in Alaska.
There are mainly two ways record seekers can conduct tax lien searches: through the DNR Recorder's Office, online or in person. Online searches can be performed through the DNR Recorder's Office statewide database. The database contains information about different types of public records filed with and maintained by the DNR Recorder's Office, including tax liens against real properties. Searches on the database can be conducted using certain information about a tax lien; these include the tax lien subject's name, document number, and recordation date.
On the other hand, in-person searches can be conducted by visiting the physical address of a DNR Recording Office. The DNR has three (3) recording offices. Two of these offices serve and maintain records for specific recording districts in Alaska. Meanwhile, the third office serves as the statewide UCC central office. Hence, record seekers can query the appropriate DNR Recording Office that serves the recording district where a real property is located to conduct a tax lien search on the property.
Alaska is divided into 34 recording districts. One of the DNR Recording Offices serves 22 of these recording districts. This recording office is located in Anchorage and popular cities like Anchorage, Juneau, and Sitka fall under its recording districts. Record seekers who wish to visit this DNR Recording Office to conduct a lien search can visit or contact the office at:
550 West 7th Ave., Suite 108,
Anchorage, AK 99501-3564
Phone: (907) 269-8876
Fax: 269-8945
Meanwhile, the second DNR Recording Office is located at Fairbank and serves 12 of Alaska's recording districts, which include cities like Fairbanks, Cape Nome, and Bethel. Interested persons can contact and visit this recording office at:
3700 Airport Way
Fairbanks, AK 99709-4699
Phone: (907) 452-3521
Fax: 451-2706
The last DNR recording office is located in Anchorage. Tax liens and other security interests against personal properties throughout Alaska are filed and maintained at this recording office. Hence, record seekers can query the office to search for tax liens against any personal property in Alaska. Searches can be conducted online through the DNR Recorder's Office UCC database or at the office's physical address.
It is worth noting that interested persons can find out which recording districts a DNR recording office covers on the DNR Recorder's/UCC - Places Of Record page.
Federal Tax Lien Search
In Alaska, all types of tax liens, including state and federal tax liens, are recorded with the Alaska DNR Recorder Office. Hence, individuals who wish to conduct a federal tax lien lookup in Alaska can do so by querying the state's DNR Recorder Office.
As explained previously, record seekers can conduct online searches for tax liens against real properties through the DNR Recorder's Office statewide database. Alternatively, record seekers can visit the DNR recording office that serves the recording district where a property is located to conduct an in-person search.
On the other hand, for federal lien searches against personal properties in Alaska, interested persons can utilize the DNR Recorder's Office UCC database to conduct an online search. Meanwhile, interested persons can visit the DNR UCC Center File office for in-person searches.
What is a Lien on Property in Alaska?
In Alaska, a lien on a property is a legal claim against the property that an entity or individual can file to secure a monetary debt or obligation that the property's owner owes them. Properties that can be affected by a lien are generally classified into two types namely; real and personal property.
According to AS Sec. 29.71.800, real property refers to immovable property such as land, and anything affixed to the land such as improvements, buildings, or structures. Meanwhile, personal properties are tangible property besides real property such as vehicles, furniture, aircraft, fixtures, machinery, stock in trade, equipment, boats, and merchandise.
Who Can Put a Lien on a Property?
Any individual or entity to who a property owner owes a debt or obligation can place a lien on their property in Alaska. These include contractors, financial institutions, and government agencies responsible for collecting taxes, like Alaska's Department of Revenue, the Internal Revenue Service (IRS), and Alaska's Labor Department.
How to Put a Lien on Property in Alaska
The procedures for putting a lien on a property in Alaska are determined by the type of lien a claimant wishes to file. Some liens may require a claimant to issue a preliminary notice to a property owner before the lien can be filed. Meanwhile, other types of lien may have a filing deadline. For instance, a mechanic lien does not require a preliminary notice issuance. However, a mechanic lien has a 120-day filing deadline per AS Sec. 34.35.068. Hence, before filing a claim to put a lien on a property, the claimant should review state laws for the requirements of the specific type of lien they wish to file. Alternatively, prospective claimants can inquire about state requirements and procedures for filing a specific type of lien by consulting with a licensed attorney.
Nonetheless, the general process for putting a lien against a property in Alaska includes the following.
- Verify the property's ownership and check for other encumbrances the property may have: this can be done by reviewing the property's public records through the Alaska DNR Recorder's office. The latter (checking for other encumbrances) is particularly necessary as liens are treated on a priority basis. Certain types of liens have priority over others. For instance, tax liens generally have priority over all other types of liens.
- Ascertain the property recording district: As previously explained, Alaska is divided into 34 recording districts. 22 of these recording districts are served by the DNR Recording Office located in Anchorage. Meanwhile, 12 recording districts are served by the DNR Recording office in Fairbank. A claimant must determine which recording district the property they want to file a lien against falls under to record their lien with the appropriate DNR Recording office. Claimants can utilize the DNR Recorder's/UCC - Places Of Record page to ascertain which recording district a property falls under and the appropriate DNR recording office.
- Prepare the lien form: claimants can obtain lien form templates online through certain third-party websites. Alternatively, they can draft one themselves or with the help of an attorney. Note that the lien form must contain certain information about the liened property, its owner, the claimant, and other relevant information. For instance, a mechanic lien form must contain the following information per AS Sec. 34-35-070:
- The legal description that accurately identifies the real property subject to the lien
- The property owner's name
- The name and address of the claimant
- The name and address of the hiring party
- A general description of the labor, materials, services, or equipment furnished for the construction, alteration, or repair, and the contract price of the labor, materials, services, or equipment
- The amount owed to the claimant for labor, materials, services, or equipment
- The last date the labor, materials, services, or equipment were furnished.
Furthermore, the lien form must reviewed to ensure it meets the DNR recording office recording requirements.
- Submit the lien form and pay the relevant fees: the lien form must be submitted to the DNR recording office that serves the recording district where the property is situated. Claimants can ascertain their recording fee by calling the DNR recording office before their submission. Submissions may be made in person or by mail depending on what the DNR recording office accepts. It is worth noting that the Alaska DNR Recorder's office provides a detailed breakdown of their record fee on its recording fees page.
How to Find a Lien on Property in Alaska
The easiest and most convenient way to find liens on a property in Alaska is through the Alaska DNR Recorder's Office statewide database. The online database contains information about different types of liens, including tax, mechanic, and child support enforcement liens, recorded against properties in Alaska.
Alternatively, record seekers can query the DNR recording office that serves the recording district where a property is located to check for liens on property. Queries can be made by contacting or visiting the DNR recording office's physical address.
- Property Lien Search By Address
Interested persons can conduct a property lien search by address in Alaska through the Alaska DNR Recorder's Office statewide database. As explained, record seekers can use the database to search for different public records the Alaska DNR recorder's office maintains, including liens against properties. Users can utilize the database to search for a property's lien records by entering the property's plat details or subdivision name.
Alternatively, record seekers may conduct a property lien search using specific details related to a property's address by querying the DNR recording office that serves the recording district where the property is located. Record seekers can also use certain third-party websites that offer lien search services to conduct their search. These websites usually allow their users to search for property lien by address. Note that most third-party websites charge users a fee or subscription to access their services.
Free Lien Search on Property
To check liens on property in Alaska for free, use the Alaska DNR Recorder's Office statewide database. The database is an online search tool provided by the Alaska DNR recorder's office that can be used to search for lien against property for free. Interested persons may also be able to perform a free lien search on a property by conducting an in-person search at a DNR recording office.
What is a Mechanics Lien in Alaska?
A mechanics lien is a legal claim that an eligible party can file against a property to establish a security interest in the property for unpaid construction-related work performed on it. Per AS Sec 34.35.050, parties who fall under any of the following categories are eligible to file a mechanics lien in Alaska:
- An entity or individual who carried out construction, alteration, improvement, or repair-related labor upon real property
- Union Trust and trustees
- Materials suppliers
- Equipment suppliers
- Architects, surveyors, engineers
- General contractor
Once a mechanics lien is attached to a property, it can make reselling or re-financing the property difficult without first removing the lien. As a result, the property owner would be compelled to pay the debt related to the lien. However, if the property owner still refuses to pay the debt, the lien may be enforced, forcing foreclosure of the property to recover the amount owed.
Alaska Mechanics Lien Search
Like any other type of lien in Alaska, interested persons can conduct a mechanic lien search through the Alaska DNR Recorder's Office. Record seekers can opt to conduct their search online through the Alaska DNR Recorder's Office statewide database. The database is a search tool that is easy and free to use.
Alternatively, record seekers can contact or visit the DNR recording office that serves the recording district where the property is located to conduct a mechanics lien search.
What is a Mortgage Lien in Alaska?
A mortgage lien is a voluntary lien that arises when a property is used as collateral in securing a loan. It gives the lienholder the legal right to claim possession of or foreclose on the mortgaged property to recoup what they are owed if the borrower defaults on the loan.
What is a UCC Lien in Alaska?
A Uniform Commercial Code (UCC) lien, also called a UCC filing, is a security interest an individual or entity can file against personal property their debtor owns for a debt or unsatisfied obligation. It serves as a legal notice that informs the general public of the lienholder's interest in a debtor's property. In Alaska, UCC liens are filed with the Alaska DNR Recorder UCC Central Office. Furthermore, Alaska UCC liens are governed by AS Sec 45.29.101.
UCC Lien Search Alaska
Interested persons can conduct a UCC lien search in Alaska through the Alaska DNR Recorder UCC Central Office. Searches can be conducted either online or in person. Online searches can be performed through the DNR Recorder's Office UCC database. On the database, searches can be conducted using different criteria, such as the UCC lien's recordation date, document number, associated document number, and subject's name.
On the other hand, record seekers can conduct an in-person UCC lien search by visiting the Alaska DNR Recorder's UCC Central Office. The office is open from Monday to Friday from 8:00 a.m. to 3:30 p.m. and may be contacted and located at:
UCC Central File
550 West 7th Ave., Suite 108A
Anchorage, Alaska 99501-3564
Phone: (907) 269-8873
Fax: 269-8945
What is a Lien Title in Alaska?
A lien title is a legal claim recorded against the title of a vehicle used to secure a loan. Generally, when an individual takes out a loan to facilitate a vehicle's purchase, the lender can record a lien against the vehicle's title to secure the loan. If the borrower defaults on the loan, the lienholder can enforce the recorded lien, giving them the legal right to repossess or sell the vehicle to recoup the debt owed.
Alaska Title Lien Search
Interested persons can check for liens recorded against a vehicle by reviewing a vehicle's title. When purchasing a vehicle, the buyer can request the vehicle's title from the seller. The vehicle's title would contain information about any lien recorded against the vehicle.
Alternatively, interested persons can obtain a vehicle's history report from any data provider approved by the National Motor Vehicle Title Information System (NMVTIS). This report also typically contains information about any liens that may have been recorded against the vehicle. Note that most data providers charge requesters a fee for vehicle history reports. Additionally, requesters must provide a VIN (Vehicle Identification Number) or license plate to facilitate their search.
Free Title Lien Search in Alaska
- The only way to conduct a free title lien search in Alaska is to obtain a vehicle's title from its owner and review it for liens. The Alaska Department of Motor Vehicle (DMV), the state agency responsible for titling vehicles in the state, does not provide free or paid lien title search services.
What is a Judgement Lien in Alaska
In Alaska, a judgement lien is a type of security interest that can be attached to a property due to a lawsuit that the property owner lost. If an individual gets sued and loses, the court typically enters a judgement in the opposing party's favor. The judgement may direct the losing party (the judgement debtor) to perform a specific task or pay the winning party (the judgement creditor) some money.
If the judgement debtor refuses or fails to satisfy the judgement, the judgement creditor can secure the judgement by recording it with the DNR recording office of any recording district where the debtor owns property. In turn, the recorded judgement serves as a judgment lien against any property the judgement debtor owns within the recording district.
In Alaska, the recordation of judgement liens is governed by AS Sec 09.30.010
Alaska Judgement Lien Search
Record seekers can conduct an Alaska judgement lien search through the Alaska DNR Recorder's Office. Searches can be conducted online through the Alaska DNR Recorder's Office statewide database. Alternatively, interested persons can visit the DNR Recording Office, which serves the recording district where a judgement debtor owns property, to conduct an in-person search.
How to Get a Lien Release in Alaska
A lien release is a legal document that warrants the removal of a lien filed against a property. The easiest way a liened property's owner can get a lien release is by satisfying the underlying reason for the lien, such as fully paying a debt or performing an obligation. After that, they can request and obtain a lien release letter from the lienholder. Once the lien release has been obtained it must be filed with the DNR recording office where the lien was initially recorded to complete the lien removal process.
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