Last updated: November 7, 2026
Short answer: A lien is a recorded claim that uses the property as security for a debt, such as a mortgage, a judgment or unpaid work. A lis pendens is a recorded notice of a pending lawsuit affecting title. Either one on your title commitment usually must be paid, released or resolved before closing.
Key takeaways
- The title commitment lists what the title company found in the public record and what must happen before it will insure the title.
- A lien is a money claim against the property. Many are paid off from the seller's proceeds at closing.
- A lis pendens is a notice of a pending lawsuit. Under A.R.S. 12-1191, once it is recorded, a later buyer is treated as having notice of the case.
- Arizona mechanics' liens have deadlines. A claim of lien is generally recorded within 120 days after completion of the work, or 60 days after a recorded notice of completion (A.R.S. 33-993).
Want to talk it through? Book a time to chat with me (30 minutes, 9 AM–7 PM Arizona time).
¡Qué tal! I'm Rosie Armenta. When you are buying a home in Avondale, AZ, the title commitment can feel like a stack of legal words. Knowing what a lien or lis pendens means helps you ask the right questions early, protect your closing date and avoid surprises after you get the keys.
What does a title commitment show me?
A title commitment is the title company's report on what it found in the public record and what it needs before it will issue a policy. It usually lists the current owner, the legal description, existing recorded items such as easements, and a list of requirements that must be met before closing. Liens and pending lawsuits normally appear as items to be paid, released or otherwise handled. My post on what title insurance is and who pays for it in Avondale, AZ explains how the commitment ties into your policy.
What kinds of liens can show up?
| Type of item | What it is | How it is often handled |
|---|---|---|
| Existing mortgage or deed of trust | The seller's loan secured by the home | Paid off from the seller's proceeds at closing, then released |
| Judgment lien | A court judgment recorded against an owner | Paid, released or shown not to attach, as the title company requires |
| Mechanics' lien | A claim for unpaid labor or materials on the home (A.R.S. 33-981) | Paid, released or bonded around, as the title company requires |
| HOA assessment lien | Unpaid association dues or charges | Paid through escrow with the HOA payoff |
| Tax lien | Unpaid property or other taxes | Paid through escrow |
| Lis pendens | Notice of a pending lawsuit affecting title (A.R.S. 12-1191) | Released, expunged or resolved in the case before closing |
What is a lis pendens, in plain words?
A lis pendens, also called a notice of pendency of action, is a recorded notice that someone has filed a lawsuit that affects the title to the property. A.R.S. 12-1191 says that once the notice is recorded, a later purchaser or lender is treated as having notice of the case. That is why a title company usually will not insure over it without a release, a court order or a resolution of the case. The same statute says that if the case is dismissed without prejudice for lack of prosecution, the person who recorded the notice must issue a recordable release within 30 days.
How do mechanics' liens work in Arizona?
Under A.R.S. 33-981, a person who supplies labor or materials to build, alter or repair a home can have a lien on it, with exceptions. A contractor who must be licensed but is not licensed does not get those lien rights, and some claimants must first give a preliminary 20-day notice. A.R.S. 33-993 says the claim of lien is generally recorded within 120 days after the work is completed, or within 60 days after the owner records a notice of completion. If a home had recent remodel or pool work, ask whether every contractor was paid.
Example only: made-up round numbers, not a real Avondale sale.
| Example only | Amount |
|---|---|
| Made-up sale price | $400,000 |
| Made-up seller loan payoff | $250,000 |
| Made-up recorded mechanics' lien | $8,000 |
| What the commitment might require | Payoff of both, with releases recorded |
In this made-up case, escrow would collect payoff figures and pay both items from the seller's proceeds if the parties agree and the title company approves.
What should I do if I see one on my commitment?
- Read the requirements section and circle every lien, judgment or lis pendens.
- Ask the escrow officer which items will be paid off from the seller's proceeds and which need a separate release.
- Watch your contract deadlines. Your purchase contract sets how and when you can raise title concerns, so ask your agent and the escrow officer about timing right away.
- Ask about recent work on the home, such as roofs, pools or remodels, and whether the contractors were paid.
- Talk with an Arizona attorney if a lawsuit is involved or the seller disputes a lien.
You can also look up recorded documents yourself. The Maricopa County Recorder's FAQ says liens can be searched by owner name in its Recorded Document Search, but it also says a search on its site does not mean a property is free and clear of liens. A title company search is the more complete step.
Related reads: what sellers have to disclose in Avondale, AZ and how to add or remove a name on a house title in Avondale, AZ.
Save this for when your title commitment arrives, and share it with anyone buying a home this year.
Found something confusing on your title commitment? Book a time to chat with me (30 minutes, 9 AM–7 PM Arizona time), or call or text me at 623-295-5770.
Frequently Asked Questions
What is the difference between a lien and a lis pendens?
A lien is a recorded money claim secured by the property. A lis pendens is a recorded notice that a lawsuit affecting the title is pending. Both can hold up closing until they are resolved.
Can I still buy a house that has a lien on it?
Often, yes. Many liens, like the seller's mortgage, are paid from the seller's proceeds at closing. The title company sets what must happen before it will insure the title.
Who pays off a lien at closing?
Usually the seller, from sale proceeds, because the seller agreed to deliver clear title. Your purchase contract and the title company's requirements control the details.
How long does a contractor have to record a mechanics' lien in Arizona?
Under A.R.S. 33-993, generally within 120 days after the work is completed, or within 60 days after a notice of completion is recorded.
Does a lis pendens mean the seller did something wrong?
Not necessarily. It only shows a lawsuit affecting title has been filed. The details matter, so ask the title company and, if needed, an Arizona attorney.
Can I search for liens myself in Maricopa County?
Yes. The Maricopa County Recorder's Recorded Document Search lets you search by owner name. The Recorder says that search is not proof a property is free and clear, so rely on the title company.
What if a lien looks fake or groundless?
A.R.S. 33-420 lets an owner ask the superior court to clear title from a forged or groundless recorded claim. Talk with an Arizona attorney about that process.
Will title insurance protect me from a lien that was missed?
The CFPB says owner's title insurance can protect you if someone later sues and says they have a claim against the home from before you bought it, such as a prior owner's unpaid taxes or an unpaid contractor. Read your policy's exceptions and ask the title company what is covered.
I'm a real estate agent, not a title examiner or an attorney. I can't tell you whether a specific lien is valid or how a lawsuit will turn out. Please review your title commitment with the title company and talk with a licensed Arizona attorney about legal questions.
This article is general information, not legal, tax, or financial advice. Please talk with a licensed attorney, CPA, or lender about your situation.
About the author
Rosie Armenta | West USA Realty. Avondale (85392) is her home base, and she helps buyers and sellers across the West Valley in English and Spanish. Book a time to chat with me (30 minutes), or call or text 623-295-5770. Selling? Get a home value report.
Rosie Armenta | West USA Realty | Equal Housing Opportunity
Information was checked on November 7, 2026, from A.R.S. 12-1191, 33-981, 33-993 and 33-420 on azleg.gov the Maricopa County Recorder's FAQ, and the CFPB's "What is owner's title insurance?" page. Laws and procedures can change, so please confirm current details with your title company and a licensed Arizona attorney.