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My sister and I inherited our parents home jointly. In the…

Customer Question
My sister and I...

My sister and I inherited our parents home jointly. In the probate proceedings, it was set up that she would purchase my half of the home, as she needed a place to live. She paid for a short while, but was always way behind with her payments. Her daughter moved her out of the house and in with her, because she was living in filthy conditions. She has been out of the house for over two years, and it it still full of most of her things. She has several tax liens against her from both the IRS and the State of Oklahoma. Now those liens are against the property. She is willing to Quit Claim her portion to me, but would that rid the property of the liens.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Has anything been filed or reported?

Has what been filed or reported?

Submitted: 6 months ago.Category: Real Estate Law
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1/8/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 6 months ago
I was wondering in it would be allowable in Oklahoma for my sister to Quit Claim her part of our inheritance back over to me. She is far past the point that I could default on her loan, and even if I did, she would still own her half of the property. Would the Quit Claim remove the tax liens against the property, since they are her personal debt and have nothing to do with me.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Great, thank you! Bear with me a moment while I review…

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm very sorry to hear about your situation. The answer to your question is yes, she can quit claim her part of the property back over to you; however, the problem is that the mortgages and the liens are still going to stay on the home. You won't be personally responsible for the mortgage lien, but the mortgage company can still foreclose on the property. The tax liens you would be responsible for since you would be the new owner of the home.

My recommendation would be to have the home transferred over to you and try to get it refinanced. In the worst case scenario, you could have the home foreclosed upon and sold at auction, which would free you from the home and if there is any money left over, after the tax lien and mortgage liens are paid, the rest would come to you alone.

I'm very sorry about this. What other questions did you have for me today regarding this?

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Customer reply replied 6 months ago
I have been carrying the mortgage, and what I was needing to know is a way to rid the property of her personal tax debt.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. Unfortunately, the only way to get rid of the tax debt is to have it be paid, or else the government is going to foreclose on the home and sell it to get the tax money collected. There is typically a period of redemption even after a foreclosure for you to get the house back, but the bot***** *****ne is that they need to get paid. I'm very sorry.

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Customer reply replied 6 months ago
Is there a way that you can check to see if the home is on a list to be seized by the IRS? Through the years, her and her husbands (who is now deceased) tax bill was over $200 thousand. Now the amount owed to the IRS is $78 thousand with another $15 thousand to the State of Oklahoma. She says that it has just automatically dwindled through the years. How could the IRS take the house when half of it is mine, and I have no tax debt?
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Usually, the IRS and the state will send notices if someone is delinquent on their tax obligation and they are required to send notices to the delinquent resident regarding any potential sales of the home to satisfy the tax debt. The worst part is that even if you are a joint owner with no tax debt, they still have the right to attach the lien which means you won't be able to sell the home until it is satisfied.

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Customer reply replied 6 months ago
I don't really want to sell the home. I was thinking of opening an antique store in it, but would want to protect anyone who moved in to start the store from having it jerked out from under their feet. I have a couple that is willing to go in and clean it up and just trade out their work in leau of rent. I don't know that my sister's daughter would be forthcoming with me about whether she has been notified of a seizure from the IRS. My sister is becoming less and less able to handle her affairs, and her daughter is very closed mouth about anything going on with the situation.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I understand and I'm very sorry that you're having to deal with that. You could still rent the place out and have part of their rent go to pay the tax debt and the other part of it go to pay the mortgage. You should inform the new renters or occupants about these issues as well.

One upside is that even if you have occupants and the home is foreclosed upon or sold at auction by the government, the occupants get to stay until the end of their lease under the law so they have some additional protections.

How else can I help you today?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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