Foreclosure Document Types Explained

A lis pendens (Latin: "suit pending") is the first public notice that a foreclosure lawsuit has been filed against a property. The lender files this document with the county clerk to put the world on notice that there is a legal action affecting the title.

A judgment is a court order establishing that a debt is owed. In foreclosure cases, it means the court has ruled in favor of the lender. Judgments also appear in non-foreclosure contexts — creditor lawsuits, HOA disputes, contractor claims — any of which can lead to forced property sales.

A certified judgment is a court-verified copy of the judgment that has been recorded with the county clerk. The certification makes it an official public record and allows it to serve as a lien against the debtor's real property in that county.

A final judgment of foreclosure is the court's order authorizing the sale of the property at auction. This is the last step before the courthouse steps. The judgment sets the total amount owed and directs the clerk to schedule a public auction.

A tax lien is filed by the county when a property owner fails to pay their property taxes. Tax liens take priority over almost all other liens, including mortgages. If unpaid long enough, the county can force a tax deed sale — selling the property to recover the back taxes.

A non-certified tax lien is filed when taxes are owed but the lien has not yet been formally certified by the tax collector. It serves as early notice that unpaid taxes exist but may not yet be available for purchase at a tax lien auction.

A tax affidavit is a sworn statement related to property tax status. These are commonly filed during property transfers to certify that all taxes are current, or by tax collectors to document delinquent tax amounts for enforcement proceedings.

A mechanic's lien (also called a construction lien) is filed by a contractor, subcontractor, or supplier who performed work on a property and was not paid. It gives the unpaid party a legal claim against the property itself, not just the owner personally.

A general lien is a catch-all category for any legal claim filed against a property that doesn't fall under a more specific type. This includes HOA liens, code enforcement liens, federal tax liens, child support liens, and other claims by creditors or government agencies.

A mortgage recording documents the loan secured against a property. When someone buys a home with a loan or refinances, the mortgage is recorded with the county clerk. It shows the borrower, the lender, and the loan amount — critical data for estimating equity.

A mortgage modification is recorded when the borrower and lender agree to change the terms of the existing loan — typically lowering the interest rate, extending the term, or reducing the principal balance. This usually happens when the borrower is struggling to make payments and the lender prefers modification over foreclosure.

An assignment of mortgage documents the transfer of a mortgage from one lender to another. Banks routinely sell loans to other banks, servicers, or into mortgage-backed securities pools. The assignment updates the public record to reflect who currently holds the loan.

A deed is the legal document that transfers property ownership from one party to another. Every property sale, gift, or transfer requires a recorded deed. In the foreclosure context, deeds appear when: the property is sold at auction, the bank takes ownership (REO), or the owner sells before the auction. The KB Comp Engine uses deed recordings as the source for comparable sales — real transaction prices, not listing estimates.

A deed of trust is similar to a mortgage but involves three parties: the borrower, the lender, and a neutral trustee who holds the property title until the loan is paid off. Some states use deeds of trust instead of mortgages. The key difference: foreclosure under a deed of trust can be non-judicial (no court required), making the process faster.

A satisfaction is recorded when a mortgage or lien has been fully paid off. The lender or lienholder files this document to clear the encumbrance from the property title. Without a recorded satisfaction, the lien remains on the title even after payment.

A release is similar to a satisfaction but is broader — it documents the removal of any encumbrance, lien, or claim from a property. Releases are common for lis pendens (foreclosure dismissed), judgment liens (debt paid or negotiated), and tax liens (taxes brought current).