What might many states require lien holders to do in order for their liens to be enforceable?

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For a lien to be enforceable, many states require lien holders to record or file the lien with the appropriate governmental authority. This process serves several important functions in real property law. Recording the lien provides public notice of the lien holder's interest in the property. It ensures that subsequent purchasers or creditors are aware of the existing lien when they consider their own rights or interests in the property. The act of filing also establishes a priority for the lien against other claims, which is crucial in determining which creditor gets paid first in the event of a foreclosure or sale of the property.

The requirement to file or record liens is foundational to the operation of lien law in most jurisdictions, as it helps to maintain the integrity and transparency of property records. Without this step, the lien might not be enforceable against subsequent buyers or creditors who may not be aware of its existence. This is why many jurisdictions mandate the recording of liens to protect the interests of lien holders and to uphold the principle of notice in property transactions.

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