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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4816
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I bought a house with another individual in 1993. Soon after he started having financial p

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I bought a house with another individual in 1993. Soon after he started having financial problem and could not fulfill his obligation. I had him relinquish his rights to the property for the amount he owed me in closing costs and his part of the mortgage payment he couldn't make. I type a document stating so, had him sign it, I signed it, and a witness signed it and dated it. I lived in the home until now, and was planning to sell this month. Prior to closing I was informed that he had a federal tax lien for 14K. Looking at texas real estate law I should be able to use this as a quit claim deed, but I did not get it notarized. Can I get it notarized now and it work to make his 2003 tax lien void. He signed the document in 2004.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

I would not count on the written document as a quit claim deed, unless the title insurance company says that it is. Even if they do, the federal tax lien in 2003 pre-dates the agreement, so the lien is a lien and would be even if you had a notarized deed. The good news is that the federal tax lien is only good for 10 years, so unless they refile it this year, it's going to come off of the property, on the 10th anniversary of its file date. The title company that is handling the closing will make the final decision as to how the lien is going to affect your ability to close your sale.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 1 year ago.

He signed and dated the document in 1994 a year after we closed. He lien was after he religuished he rights to property. Could I take this document to the county clerk office and have them remove the lien since he removed himself from ownership. Would it make a difference If I get it notarized now.

Expert:  Irwin Law replied 1 year ago.

If you can convince the title examiner to accept the writing and rule that his name was not on the title the day the lien was filed. I doubt that any notary that is back dated nearly 10 years would be any good. A title insurance company can ignore a tax lien and take the risk that they'll never have to pay on it, but they seldom do. As far as releasing it goes, only the IRS can release the lien. If 10 years passes and the lien isn't refilled, the it is considered released as a matter of law and title insurance companies will simply disregard it. Until then though, it can stop a sale in its tracks.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

.

Customer: replied 1 year ago.

Last ?


I have three years left on the IRS lien, they didn't finalize it until 2006. I filed a discharge application, but it was turned down and the IRS rep said only way to release is to pay lien 14K. Didn't sound like she would negotiate. I have read both, you can and you can't negotiate. The guy that owes taxes has no way to pay tax and is not collecting a dime from the sale. He is a bum, literally.


 


Can you think of any other ways around this?


 


This is last ? Promise

Expert:  Irwin Law replied 1 year ago.

I have three years left on the IRS lien, they didn't finalize it until 2006. I don't know what "finalizing it" means. I do know that the time limit runs from the date they actually record it with the county recorder.

The IRS local agents do have authority to negotiate for release of liens in situations like yours where their debtor's interest in the property can be challenged. Your best chance at getting this done is by using a lawyer who will know what all the arguments and angles are to play. A lawyer might be able to show them that their chances of collecting aren't that good, but you can't. They steamroller laymen. A lawyer has a chance to get them to accept a small amount from the sale proceeds. Good luck to you.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4816
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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