What is a Lien?
Learn what a lien is, understand the different types of business liens, and see how existing liens affect your ability to obtain financing.
A lien is a legal claim against an asset that allows a creditor to take possession of the property if you fail to repay a debt. When you pledge collateral for a business loan, the lender typically places a lien on that asset to protect their interest.
How Liens Work
When a lender places a lien on your property, they gain a security interest in that asset. If you default on the loan, the lender can seize and sell the asset to recover their money.
Liens are recorded publicly — usually through a UCC filing with your state's Secretary of State — so other creditors can see that the asset is already pledged as collateral.
Common Types of Business Liens
Businesses may encounter several types of liens:
- UCC liens: Filed under the Uniform Commercial Code, these cover business assets like equipment, inventory, and receivables
- Real estate liens (mortgages): Secured by commercial property
- Equipment liens: Specifically tied to financed equipment
- Blanket liens: Cover all current and future business assets
- Tax liens: Placed by the IRS or state for unpaid taxes
- Judgment liens: Result from court judgments against your business
Lien Priority
When multiple lenders have liens on the same asset, lien priority determines who gets paid first if the asset is sold. Generally, the first lender to file their lien has first position and gets paid first.
This is why lenders check for existing liens before approving loans — they want to know where they stand in the priority order.
First vs. Second Position
A first-position lien holder gets paid in full before second-position holders receive anything. This makes second-position loans riskier for lenders, often resulting in higher interest rates.
Liens and Loan Applications
Existing liens affect your financing options:
- Assets with existing liens may not be available as collateral for new loans
- Multiple liens signal existing debt obligations to potential lenders
- Blanket liens can make it difficult to obtain additional financing
- Lenders may require subordination agreements from existing lien holders
Releasing a Lien
When you pay off a loan, the lender should file a lien release (UCC-3 termination statement) to remove their claim. Always confirm that liens are properly released after paying off debts — lingering liens can complicate future financing.
Search your state's UCC database periodically to see what liens are filed against your business. This helps you understand your current position and catch any liens that should have been released.
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Related Articles
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Read more →What is a Blanket Lien?
Understanding blanket liens in business financing, how they differ from specific collateral, and what they mean for your business assets.
Read more →What is Collateral? (Business Loan Context)
Understanding collateral requirements for business loans, what assets qualify, and how collateral affects your loan terms and approval.
Read more →Lien Position: Priority of Claims on Business Assets
Understand what lien position means, why it matters, and how lien priority affects your ability to obtain financing.
Read more →Important Disclosure
Not Financial Advice: The information provided in this article is for general informational purposes only and does not constitute financial, legal, or professional advice. You should consult with qualified professionals before making any financial decisions.
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