Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
It is part of the Bankruptcy Code, specifically Bankruptcy Stat. 545(1)(A) & (D), which you can see here:
Since the county attorney does not work for you, she is under no obligation to tell you the whole story.
The other attorney is correct. I misread the statute - only a trustee can ask the Bankruptcy court to remove a statutory lien.
How much - if any - equity does your home have?
How much is the tax lien?
With tax liens (other than for property taxes), the mortgage company gets paid before the lien. Unless you think the equity in your home will increase by at least $150,000 before your house is sold, the tax lien will have no affect on your property.
However, if you do think this is a possibility, you can make a deal with the trustee to pay part of the proceeds of the house (but less than the lien amount) - say $5,000 - if the trustee agrees to file the 545 motion for you.
You should ask that question in the Tax section.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).