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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
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Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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Triple Seal Lien, filed in Wash DC to New York State

Resolved Question:

I owe the District of Columbia $20k and they are going to file a triple seal tax lien next week. They have already issued a lien in DC, I live in New York State. This is the reason for the triple seal lien. What is a triple seal tax lien ? How does it work ? How much time do I have until they freeze accounts and go after my house ?
Submitted: 8 years ago.
Category: Tax
Expert:  Ed Johnson replied 8 years ago.

DearCustomer


A triple seal is described in my court reporting manual is a a form of certification of authenticity of a court document, in this case a lien. The certification is made under federal law, 28 USC seciton 1738. The certification is by: (1) the signature of the clerk of courts, (2) seal of the court, and (3) and certification of the authenticity of the signature and seal of the court by a judge of the court. The triple seal is used to to allow filing of (admission of) an document in a proceeding in another state under the full faith and credit providisions of the constitution.


It is hard to say how long this will take. It could happen in less than 90 days or it could take six months. The docuements have to process through three levels of the court in DC and then be sent to New York. New York has to log them and issue any notifications, summons, etc that might be required.


Please tell me if this is for DC income taxes or Property taxes.


Customer: replied 8 years ago.
Reply to Ed Johnson's Post: It is DC income tax, property taxes were paid
Expert:  Ed Johnson replied 8 years ago.

DearCustomer


Since this is income taxes, you will have to be notified of the filing of the lien. Any tax lien and leveis are required to provide a copy to you. If it works right, the notifications go out to all parties at about the same time. However, because of the mail lag time and handling issues across state lines, the notifications may be recieved within a few days to a few weeks of each other.


You are required to be notified within 15 days.


Once the lien is in place, and you are notified, then there has to be a judgment. The Judgement will authorize them to seize your assetts in order to satisfy the lien.


Have you been to court with this?


My recommendation is for you to find a tax attorney in NEW York City. Perhaps I can recommend one to you . My girlfriend is an attorney with lots of NYC connections.


I have no idea if she knows a tax attorney, but I will ask her.


Make sure you answer the summons to appear in court. You have certain appeal rights and with an attorney's help, may be able to avoid the seazure of the property.



Customer: replied 8 years ago.
Reply to Ed Johnson's Post: We have not been to court. I have recieved a notice of a lien from DC Gov't. You are saying when I get the noticification of the triple seal lien there will be a court proceeding. We are in the process of refinancing our house and will have the money in 2 weeks. As long as there is a notification and appeal process I think we are fine with paying them in the next two weeks. Do you think 2 weeks is enough time for me to settle this ? I have called our attorney on Friday and we consult him on Monday. I don't think he is a Real Estate attorney, we use him in the purchase our house. Is you have any leads that would be greatly appreciated.
Expert:  Ed Johnson replied 8 years ago.

I just arrived in Manhattan,


I believe you will be ok with two weeks. You need to find out if your attorney will file a cease and desist order to gain, say 30 days. Do not sit and wait for this to happen. There will be critical times. In reality, the llien is not a big thing. It assures DC, that when you close on the house, that the tax lien has to be cleared before any additional monies are paid. The Mortgage represents a first lien, and then the tax lien, and then you would get any left overs. However, what I am concerned with, is from what you said earlier, the tax folks were unwillingn to work with you. Unfortuantely, they do not work well with anyone verbally. It usually takes a written document to make them act in a certain way.


I am concerened that if you do not get to close, that the seazure part will have begun, after which it may be too late, even if you have the money in hand.


it is emparative that your attoreny do something official to slow the train down, so that you are assured of having the two weeks to close, and pay the debt....to satisfy the lien.

Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience: GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
Ed Johnson and 7 other Tax Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Ed Johnson's Post: I sold a house in DC in 2004, that is where this tax issue originated. DC Gov't has no idea I own a property in New York state. My fear is the refi won't close before the triple seal lien gets to me.
If it filed next week sometime, will I have time to finish the refi and send them the money. Regardless, I will secure an attorney monday.

Is a triple seal lien a seizure notice or is a notice that states if you don't work this out within a certain time period we will seizure your assets.
Expert:  Ed Johnson replied 8 years ago.

The Triple Seal only is a level of authentication required for filing a lien in another state.


The lien is a claim on a property that establishes thier right to a claim against the property. It is often the first step in a seizure.


Where a mortgage is concerened, the mortage is "First Lien", and this would be a second lien. Claims get settled in turn.


This lien would be against certain specified properties. For example, when you recieved notification, did the documents tell you what property the lien was for.


Once the lien is filed, it secures the governments claim agaist the proporty, In some cases it would be a first lien, but in others it might be a second lien.


Generally, in order to sieze property, agains which they have a liend, a judgement or court order is required. That takes time. However, if they were filing certain things simultaneously, you might not have the two weeks.


I asked my contact in Manhattan for a Tax Attorney, and she promised a referrel sometime today or tomorrow morning.


Let me know if you still need the referrel.


Best Regards


Ed

Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience: GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
Ed Johnson and 7 other Tax Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Ed Johnson's Post: please refer, I have not recieved the triple seal lien yet.
Expert:  Ed Johnson replied 8 years ago.

Good. I am finding out your referrel today.


Ed

Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience: GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
Ed Johnson and 7 other Tax Specialists are ready to help you

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