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Richard
Richard, Tax Attorney
Category: Tax
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Experience:  29 years of experience as a tax, real estate, and business attorney.
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When the IRS puts a lien on you and your property, which goes

Customer Question

When the IRS puts a lien on you and your property, which goes onto your credit, and you quit claim deed a property to a family memeber for no exchange of money, will that IRS lien go on with the residence in Arizona?
Submitted: 1 year ago.
Category: Tax
Expert:  Richard replied 1 year ago.
Hi! My name is XXXXX XXXXX I look forward to helping you!

Unfortunately, once the lien is placed on the property, if the property is transferred, the lien sticks with the property unless the lien gets paid off. A transfer of the property to a family member for no exchange of money unfortunately does not cause a release of the lien.


This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that would be a way to get the lien released, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!




Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.


This property was quit claimed to him in 2006 and an IRS tax lien was placed on him, 2009 for Inheritance tax.. My parents have been renting the property from him for two years now, or living in it without a deed or anthing and they now owe the IRS and the IRS has put a lien on them, my parents, and the address is on the lien is the their current address, which is the same address that is on my Ex's Lien?? This is so strange? they both have an IRS tax LIEN on the their property, which is addressed to the same property

 

So if a title search was made by a mortgage company.... they would see both liens??

 

Expert:  Richard replied 1 year ago.
Thanks for following up. If your parents transferred the property to him in 2006 and the quit claim deed was recorded and subsequent to that, your parents came to owe money to the IRS, then any lien put on the property by the IRS for the money your parents owe the IRS would be an invalid lien and you can demand that the IRS remove it. The IRS cannot place a lien on property that your parents do not own for money your parents owe the IRS. Just because they happen to live there does not give the IRS any lien rights for money your parents owe the IRS.
Customer: replied 1 year ago.


The quit claim deed that the ex has that he got in 2006, from the trust of his late mother, will indeed, prove that he had ownership of the property in 2009, when the IRS placed a Personal Tax Lien on My ex and any of his personal property, so if there was a titel search, that Lien would most definaltey show up, and no way would a clear title be able to be given there fore no mortgage could ever be placed on the property? even a reverse mortgage??

Expert:  Richard replied 1 year ago.
If the IRS placed a lien on the property after the property was transferred for debt not owed by the property owner, then the IRS must release the lien. Your ex should sent a letter by certified mail to the IRS including a copy of the recorded deed and demand that the IRS remove the lien for the taxes owed by your parents.

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