OfflineI was referred to a seller who mentioned she has a property owned free and clear outside of an IRS Tax Lien that she say's should not be on the property.
She is looking to sell but desires to have the Lien Removed from the property.
If you know how this can be done without paying off the lien or producing documents that verifies her claim that the lien should not be, please advise.
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I may be wrong, but in my experience, a tax lien cannot be removed. If the seller has documented proof of payment, then the title company or attorney can probably get it taken care of. If not, seller will have to pay before closing.
This is why the title companies do lien and judgment searches on the buyer and seller. They will not pass title if something like this shows up. If it is the buyer and they have a lien or judgment, it can be immediately attached to the property. And if it is on the seller, it stays attached to the property.
I would certainly talk to your title company about this situation. They may be able to give you some other way to deal with it.
Good luck,
Jim
Good luck with that one. Dealing with the IRS over a period of years is like a snowball rolling downhill. I had a situation where an illegal got a hold of my wife's SSN and fraudulently used it at the restaurant they worked at. Guess who had to pay those taxes. I did. It was a few years after we had moved and my wife was staying at home with our daughter and there was no way we could prove she didn't work at the place that w-2'd her. I suppose if I had dug deep I could have proved it but we had since moved and the amount in question was not exorbitant so it was easier just to pay it and look at it as nuisance relief. I also knew one seller who had a lien on his property from the IRS and didn't even know about it. Turns out it was valid from tax issues when he was getting divorced. If your seller doesn't have the paper work or documentation to contest it, she is out of luck. Her story without documentation carries zero weight, take it from the voice of experience. Unfortunately, the IRS is the only place where you are guilty until you prove your innocence.
My thoughts are the same on this one!
Start Where You Are! Use What You Have! Do What You Can!
Never let failure dominate you. Never let the mistates of your past Lord over you.
Go Confidently in the Direction of Your Dreams. Live the Life You Have Imagined.
- Henry David Thoreau
Website that get's results: www.jracrealestateinvestments.com
If this was one you had acquired through a Tax Sale I would give you a different answer that might provide light at the end of the tunnel.
As it is a person just wanting it gone.......Weigh your options and see if this will be more effort then reward..........