How to check whether Medicaid has placed a lien against your home or other property
A Medicaid lien is a legal claim the state places on your property to recover money it spent on your long-term care. The state does not always tell you when it places a lien — you have to search for it yourself. The fastest way to find out is to search your county's public records, either online through the county assessor or recorder's office, or in person at the courthouse. You can also ask your state Medicaid agency directly, though they may take weeks to respond.
Medicaid places liens most often after someone receives nursing home care, assisted living, or home and community-based services paid by Medicaid. The lien sits on the property until the person dies or the property is sold. If you are selling a house, refinancing, or planning to leave property to heirs, you need to know whether a lien exists — it will have to be paid off before the sale closes or before you can transfer the deed.
Key Takeaways
- Medicaid liens appear in your county's public property records under the recipient's name, and you can search these records online or at the courthouse for free.
- A lien does not prevent you from living in the home, but it must be paid from the sale price if you sell the property.
- Your state Medicaid agency can tell you whether a lien exists, though the search may take several weeks.
- If you find a lien and believe it was placed in error, you can file a written objection with your state Medicaid agency.
Searching your county's public records online
Most counties now post property records online through the assessor's office or recorder's office website. Go to your county government website and look for "property records," "assessor," "recorder," or "deed search." Enter the property owner's name (the person who received Medicaid services) and search. A Medicaid lien will appear as a document filed against the property, usually labeled as a "lien," "judgment," or "claim."
The exact name of the lien varies by state. In some states it appears as "State of [Your State] Department of Health" or "State of [Your State] Medicaid Agency." In others it may say "Estate Recovery" or "Medicaid Recovery Lien." Write down the document number, the date it was filed, and the amount claimed. This information will help you if you need to dispute the lien or pay it off.
If your county does not have an online search tool, you can visit the courthouse in person during business hours. Ask the clerk at the recorder's office or assessor's office to search the property records for you. Bring the property address and the owner's name. This search is free.
Contacting your state Medicaid agency directly
You can also call or write your state Medicaid agency and ask whether a lien has been placed. Look up your state's Medicaid office on the Centers for Medicare & Medicaid Services (CMS) website or search "[Your State] Medicaid" online. When you contact them, have the recipient's name, date of birth, and Medicaid case number ready if you have it.
Ask specifically whether the state has filed an estate recovery lien or claim against the person's property. The agency should tell you whether a lien exists, the amount, and the date it was filed. Expect this to take two to four weeks if you submit a written request, and possibly longer if the agency is backlogged. A phone call may get you an answer faster, though the staff member may need to transfer you to the estate recovery unit.
What a Medicaid lien means for selling or refinancing
If you are selling the property, the lien must be paid from the sale proceeds before you receive any money. The title company or closing attorney will discover the lien during the title search and will not close the sale until it is paid. You will need to contact your state Medicaid agency to find out the exact payoff amount, which may be different from the amount shown on the lien document if interest has accrued or payments have been made.
If you are refinancing, the lender will also discover the lien during the title search. Most lenders will not refinance a property with an unpaid Medicaid lien. You will need to pay off the lien before the refinance can close, or negotiate with Medicaid to subordinate the lien (place it behind the new mortgage), though this is uncommon and depends on your state's rules.
When Medicaid can and cannot place a lien
Medicaid can only place a lien on property in certain situations. The person must have received long-term care services — usually nursing home care, but sometimes assisted living or home and community-based services. Medicaid cannot place a lien for regular medical services like doctor visits or hospital stays. The lien also cannot be placed while the recipient is still living in the home, in most states. Once the person moves out or dies, the state can file the lien.
Some states have stricter rules. A few states cannot place a lien at all if a spouse, child under 21, or blind or disabled child still lives in the home. Other states allow liens only after the person's death. Check your state's specific rules by contacting your Medicaid agency or searching "[Your State] Medicaid estate recovery" online.
Disputing a lien you believe is wrong
If you find a lien and believe it was placed in error — for example, because the person did not receive Medicaid services, or because the amount is wrong — you can file a written objection. Contact your state Medicaid agency and ask for the process to dispute or challenge the lien. Most states require you to submit a written request within a certain time frame, often 30 to 60 days from when you discovered the lien.
Include in your letter the property address, the recipient's name and Medicaid number, the lien document number, and a clear explanation of why you believe the lien is wrong. Ask for a written response and keep a copy of everything you send. If the agency denies your objection, you may have the right to request a hearing or appeal, depending on your state's rules.
Paying off a Medicaid lien
If you need to pay off a lien — because you are selling the property, refinancing, or want to clear the title — contact your state Medicaid agency's estate recovery unit. Ask for the current payoff amount, which may include interest or collection costs. Ask whether you can pay in installments or whether the state will negotiate a lower amount. Some states offer payment plans or will reduce the lien if the family is in financial hardship, though this is not may provide.
Once you pay, ask the agency to file a release of lien with the county recorder's office. Do not assume the lien will be removed automatically. Follow up in writing to confirm that the release has been filed, and check the county records again after 30 days to make sure the lien no longer appears.
Frequently Asked Questions
Can Medicaid place a lien on my house if I still live there?
In most states, no. Medicaid cannot place a lien on a home while the recipient or their spouse still lives there. Once the person moves to a nursing home or dies, the state can file a lien. A few states have additional protections if a child or disabled person lives in the home. Check your state's rules by contacting your Medicaid agency.
Will a Medicaid lien affect my credit score?
A Medicaid lien is a property claim, not a debt collection action, so it typically does not appear on your credit report or affect your credit score directly. However, if the state sues to collect or reports the debt to a collection agency, that could affect your credit. Check your credit report to see whether anything related to Medicaid appears.
What happens to a Medicaid lien after the person dies?
After the person dies, the lien remains on the property. If the property is sold as part of the estate, the lien must be paid from the sale proceeds. If the property is inherited and not sold, the lien stays in place until the new owner sells it or pays it off. The state can pursue collection against the estate or heirs, depending on state law.
Can I remove a Medicaid lien by filing for bankruptcy?
Bankruptcy may eliminate the underlying Medicaid debt in some cases, but it does not automatically remove a lien that has already been filed against property. You would need to file a motion to avoid the lien as part of your bankruptcy case. Speak with a bankruptcy attorney about whether this is possible in your situation.