Welcome to the Real Estate Forum


The "ORIGINAL" Real Estate Social Network" SINCE 2005 and your #1 Resource for all things Real Estate


  •  »Over 35,000 Members
  •  » Answer Questions From "REAL" Buyers & Sellers
  •  »Ask Questions & Share Stories With Fellow Real Estate Professionals.
  •  »Read Articles & Blogs written by Real Estate Professionals.

...you have come to the right place!


YES! I want to register an account for free right now!


p.s.: For registered members YOUR FORUM NAME is free of ads

Results 1 to 10 of 10

Thread: IRS liens

  1. #1
    plumberdude is offline Fixer Upper
    Join Date
    Mar 2009
    Location
    santa clara, ca
    Posts
    38

    Question IRS liens

    I am about to buy a piece of property though a county tax deed sale. I found out that the current property owner does not have a loan out, aside from getting a title search, how will I find out if the property has a IRS tax lien on it?

  2. #2
    REITrainingWhse's Avatar
    REITrainingWhse is offline Condominium
    Join Date
    Apr 2009
    Location
    New Berlin, WI
    Posts
    329

    Default Order the abstract!

    Nothing tells it more than getting a title abstract done, and they can be done cheaply...

    I usually get a "letter report" initally, which tells me what state the title is in when viewed at the 10,000 foot level. (It doesn't involve the research that the title company does where they are comfortable guaranteeing the title with insurance, but it gives you a rough view.) And this 'letter report" is cheap, like in the $75 range, if you don't do a lot of business with the title company. Once you are closing two or three times a month, this is usually a complementory service. The nice thing is that if you do order the title abstract, they will usually credit you the cost of the letter report. (They will not insure a letter report, they won't even stand behind it, so take that at face value.)

    If you want to get a full-blown title abstract, it will cost about double the letter report, and the will guarantee it for a very short time... Liens can be placed on title very quickly, so one day it might be fine, then next it is encumbered.

    If you are truly interested in the property, and the fact of an IRS lien is your only roadblock, I would go forward with getting a letter report... Of course that is A$$uming that you have control of the property. (I never do anything without control of the property.) Besides IRS liens are easily taken off the property.

    Hope this helps!

  3. #3
    plumberdude is offline Fixer Upper
    Join Date
    Mar 2009
    Location
    santa clara, ca
    Posts
    38

    Default

    Quote Originally Posted by REITrainingWhse View Post
    Nothing tells it more than getting a title abstract done, and they can be done cheaply...

    I usually get a "letter report" initally, which tells me what state the title is in when viewed at the 10,000 foot level. (It doesn't involve the research that the title company does where they are comfortable guaranteeing the title with insurance, but it gives you a rough view.) And this 'letter report" is cheap, like in the $75 range, if you don't do a lot of business with the title company. Once you are closing two or three times a month, this is usually a complementory service. The nice thing is that if you do order the title abstract, they will usually credit you the cost of the letter report. (They will not insure a letter report, they won't even stand behind it, so take that at face value.)

    If you want to get a full-blown title abstract, it will cost about double the letter report, and the will guarantee it for a very short time... Liens can be placed on title very quickly, so one day it might be fine, then next it is encumbered.

    If you are truly interested in the property, and the fact of an IRS lien is your only roadblock, I would go forward with getting a letter report... Of course that is A$$uming that you have control of the property. (I never do anything without control of the property.) Besides IRS liens are easily taken off the property.

    Hope this helps!
    thank you very much it gave me information that i did not have before. I do not have control on the property yet because it is a tax deed sale. would you still proceed with the letter?

  4. #4
    Dalton's Avatar
    Dalton is offline Fixer Upper
    Join Date
    Apr 2009
    Posts
    73

    Cool

    Yes i think you should proceed with the letter... I think its very important..





    HELLO FROM MIAMI..!!!
    HELLO FROM MIAMI...!!!

  5. #5
    REITrainingWhse's Avatar
    REITrainingWhse is offline Condominium
    Join Date
    Apr 2009
    Location
    New Berlin, WI
    Posts
    329

    Default

    Personally, I would not... Too many variables in this situation...

    1. Will the property tax lien wipe out the federal lien... Maybe
    2. Will you win the auction... Maybe
    3. Can you clean the title afterwards, if the IRS has a lien... Definately

    Seeing that it is a tax sale, all notes and liens will be wiped off, so you might have current lien holders bid to secure their position. If there are no lien holders, then you just need to compete with others wanting the property.

    If anything, you can have the property released from the IRS lien, by having a few forms signed.

    That is MY opinion.

  6. #6
    plumberdude is offline Fixer Upper
    Join Date
    Mar 2009
    Location
    santa clara, ca
    Posts
    38

    Default

    I then take it that the abstract of title will tell me if there is a IRS lien on the property? I can be thick headed at times, but I just need the straight down poop.

  7. #7
    plumberdude is offline Fixer Upper
    Join Date
    Mar 2009
    Location
    santa clara, ca
    Posts
    38

    Smile

    I don't want to spend any more money than I have to. so if I am the winning bid all I would have to do is just have a few forms signed? wow that sounds way too easy.

  8. #8
    REITrainingWhse's Avatar
    REITrainingWhse is offline Condominium
    Join Date
    Apr 2009
    Location
    New Berlin, WI
    Posts
    329

    Default

    Quote Originally Posted by plumberdude View Post
    I then take it that the abstract of title will tell me if there is a IRS lien on the property?
    Maybe... It can take a few months to show up, if it was just posted, though the RoD is getting better at pushing these document through. So, if the lien was just attached, you might miss it, hence what title insurance is for.

  9. #9
    REITrainingWhse's Avatar
    REITrainingWhse is offline Condominium
    Join Date
    Apr 2009
    Location
    New Berlin, WI
    Posts
    329

    Default

    It's called a Certificate of Release of Federal Tax Lien...

    Here is what YOU NEED TO DO... Call the IRS office, and tell them that you are considering purchasing a house at auction and that it has a IRS lien on it, and you want to know the steps are to release the lien off the property, since there is no EQ, and attach it to the prevous homeowner.

    Since you are not asking them to "forgive" the debt, and since the previous homeowner will not own the house, they can't attach it to an asset they don't own.

    Of course, what they will want to do is hope that the house sells for enough to cover the taxes and their lien, but that is another story.

    Just don't give them details, not even the city of the property, just ask general questions, you'll get your answers.

    Hope that clarifies.

  10. #10
    Dalton's Avatar
    Dalton is offline Fixer Upper
    Join Date
    Apr 2009
    Posts
    73

    Default

    I think that is advisable...... since you need clarifications about it...


    HELLO FROM MIAMI...!!!
    Last edited by Dalton; 04-28-2009 at 06:49 AM.
    HELLO FROM MIAMI...!!!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •