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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am trying to get a loan to purchase real estate in Arizona.

Resolved Question:

I am trying to get a loan to purchase real estate in Arizona. I have a Federal Tax lien against me, not any property. I have talked to the IRS about getting a subordination certificate but because the lien is not against real estate they say that is not possible. They also said that because their is not lien against the property that I am buying that when the mortgage documents are filed with the state the mortgage company becomes the first lien holder on the property and if the IRS files a lien against the property it would be the subordinate so I don't need a certificate.
What do I need to do?

Gary Showalter
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Roger replied 7 years ago.

I don't think you're being told correctly. If you incurred the federal tax lien before you take out this loan, it is going to be a first lien on any property you own or acquire. The second you buy the house, the federal tax lien is going to attach to that property, and because it was filed first, it's going to have priority over the mortgage.


I don't think the mortgage company will go through with the loan until the lien is satisfied or subordinated.



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