The quality of a violin and bow aren’t the only things that affect how a violin sounds. Adjustment differences of less than a millimeter in the shape, fit, and position of the violin's bridge and soundpost (which is inside the instrument) can change an instrument’s sound quality.

The rosin, shoulder rest, and chinrest can change how a violin sounds. But after the instrument’s adjustment, the type of strings possibly most affects a violin's sound. Metal strings usually sound harsher than synthetic core or traditional gut strings. And the kind of metal wrap on the strings – traditionally either aluminum or silver – also affects the sound.

At some point, every violinist embarks on a quest to find the perfect strings for their instrument. There were about five or six string brands when I went on this quest in college. Back then, my preferred string combination was uncommon – and in some violinist's minds daring. Now, that combination is common – perhaps even passe. And there are dozens of string brands.

With so many new options, I'm exploring whether I can improve my violin's sound by selecting different strings. Trying out strings isn't for the faint of heart. It requires purchasing numerous strings, putting them on the violin, and playing them for several days or weeks to evaluate how they break in.

A set of strings can cost up to $150, so trying out strings can be expensive. So, violinists may only try several of the most likely candidates.

My instrument is dark, so I aim for a string that will brighten the sound. So, I’ve studied charts describing the relative color (bright or dark) and the power of the sound produced by different string brands.

I’ve evaluated the tension (pressure) of various strings. Not only does tension affect the violin’s sound, but some instruments, especially older ones made with gut strings in mind, may not tolerate today’s higher tension strings.

Tension is calculated by measuring the force the string exerts on a bridge using a trigonometric formula that would give me a headache to calculate. Fortunately, most string manufacturers list tensions for their strings, so violinists don’t also need to remember the trigonometry they learned in high school math class.

The ability to explore tedious differences in violin strings may explain my willingness to explore similar tedium when assisting clients with real estate due diligence. This article is a part of a series discussing due diligence and discusses types of liens a buyer may find on real estate.

A Baltimore Homeowner’s Saga

Baltimore Resident and single mother Deanna Woodward paid off her mortgage 18 years ago. After that, she paid her real estate taxes. So, imagine her surprise when she recently learned that her house had been sold to a hedge fund in a foreclosure.

The foreclosure wasn’t due to an unpaid mortgage or real estate taxes. It was due to an unpaid water bill. She wasn't aware of the bill, which was a lien on her property. When Woodward didn’t pay the bill, which she said she wasn’t aware of, her home was sold in a foreclosure sale.

Several years earlier, Baltimore resident Richard Burton, who played "Shamrock" McGinty on HBO's "The Wire,” faced foreclosure on his home due to a sewer bill. The bill had doubled due after 18% interest was added, and the city had sold the account to a private company.

Both Woodward and Burton learned that mortgage payments and tax bills aren’t the only obligations that become liens on their property. This issue applies not only to homeowners. Commercial property owners also may be unaware of liens that threaten their ownership of their property.

Liens don’t go away when a property is sold, so new owners can face foreclosure for bills that predate their ownership. Although title insurance protects against some liens, standard policies rarely cover unrecorded liens. That’s why a real estate purchaser’s due diligence should include checking for unpaid bills that could become liens.

What Types of Liens Can Be on Real Estate?

A lien is a legal right or interest a creditor has in another's property to secure payment on a debt. The property owner who grants the lien is called the lienee, and the person who benefits from the lien is called the lienor or lien holder.

The most common form of lien is a mortgage (or, in some states, a deed of trust or deed to secure debt). Mortgages are a type of consensual lien, which is created by an agreement between the lienor and lienee. Condominium, homeowners’, and similar associations (which I’ll refer to collectively as HOAs) also may have the right to a consensual lien. Consensual liens and HOA agreements usually are recorded in the county real estate records, so a title search will help identify them.

But other liens aren’t recorded in the real estate. One category of these liens is statutory liens, which are created when an owner doesn’t pay certain financial obligations. Statutory liens include liens for real estate and income tax liens and assessments, water/sewer bills, services (mechanics lien) or goods (materialman’s liens) provided for the property, and real estate broker liens. Statutory liens aren’t always recorded in the county real estate records – at least not immediately. And sometimes, statutory liens can encumber the real estate even if they aren’t recorded.

A final category of liens is judgment liens relating to money the property owner owes due to a lawsuit. Judgment liens against an individual will be in the public court records. Whether they are also in the real estate records for each property the individual owns will vary from state to state.

Due Diligence Recommendation

Real estate purchasers usually have a title company search the real estate records for liens. The title company will issue a title insurance policy to the buyer at closing, which protects the buyer from some unexpected title issues, including liens, that appear after the closing. However, it is not enough for a buyer to simply obtain title insurance because the insurance policy excludes certain losses.

Common exclusions in standard title policies include:

• All liens and encumbrances listed in the policy

• Liens not yet recorded in the real estate records, including mechanics’ and materialman’s liens, some tax liens, utility liens, some liens by HOAs, and some judgment liens.

• Real estate broker liens for the buyer’s purchase of the real estate.

Buyers should request the title search or title commitment and carefully review the liens that will be exceptions to their title policy. If there is an HOA, buyers should obtain a statement from the HOA itemizing any amounts the seller owes under the HOA agreement. If the title exception documents or HOA association indicate the seller owes money, the seller should pay the debt before the closing.

It's often more challenging to protect against unrecorded liens. For commercial real estate, it may be possible for the title company to remove the exceptions for those liens. In those instances, the title company conducts its own due diligence and obtains guaranties to cover the title company’s risk.

Still, buyers should conduct the following due diligence to evaluate whether there are statutory or judgment liens:

• Determine whether any services or replacements have been completed at the property without the mechanics’ and materialman’s lien filing period (this varies from state to state). If so, require the seller to pay for those services or supplies.

• Check for UCC Financing Statement filings (usually with the state Secretary of State and sometimes with the county) to determine if there might be a lien on personal property that will pass to the new owner.

• Require that the seller provide copies of utility bills showing the amount due and ensure payment any outstanding balance before the closing.

• Check with utility companies and tax authorities to see if the seller’s accounts are past-due.

• Determine if there are any judgment liens against the seller. Sometimes, judgment liens will be in the county real estate records, but in other states, they will only be in court records.

Whether to insure against a risk is a cost-benefit analysis. However, purchasers should ask for quotes for extended title insurance coverage (which can protect against unrecorded liens) and title endorsements addressing concerns specific to the real estate, such as a condominium endorsement. Some purchasers may decide not to pay for additional insurance and risk being uninsured for an unknown property lien, but no purchaser should go into the acquisition without understanding their risk.

This series draws from Elizabeth Whitman’s background in and passion for classical music to illustrate creative solutions for legal challenges experienced by businesses and real estate investors.