I am refinancing my house and I just found out there is a judgment on the title or deed by the IRS. Supposedly there is a piece of land in another town in my husbands name for over $6000.00. The thing is he is not from or even close to where this property is. What do we do.. What if there is another person that does own this land with the same name as my husband.. Please help

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Originally Posted by jcaron

I am refinancing my house and I just found out there is a judgment on the title or deed by the IRS. Supposedly there is a piece of land in another town in my husbands name for over $6000.00. The thing is he is not from or even close to where this property is. What do we do.. What if there is another person that does own this land with the same name as my husband.. Please help

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Its always possible... I think it would be wise and a good investment to retain a lawyer to deal with this ASAP.

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Originally Posted by jcaron

I am refinancing my house and I just found out there is a judgment on the title or deed by the IRS. Supposedly there is a piece of land in another town in my husbands name for over $6000.00. The thing is he is not from or even close to where this property is. What do we do.. What if there is another person that does own this land with the same name as my husband.. Please help

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IRS liens, and judgments too, for that matter, are not "on the title or deed". They are a lien on all property owned by the obligor in the recording area (usually county). So if, for example, the IRS filed a tax lien on your husband, they would not have to first determine what land your husband owned, and only then file it "on" that property. They would simply record it and at that point it would become a lien on all property in the county owned by your husband.

And what does having another property have to do with a lien on this property, is there another lien on that property also.

Has he checked his credit record ? Has he went over and looked at the deeds, it could be a issue of identy theft, or someone with the same name. You or someone has to investigate why and where this came from.

When you finance, or refinance property, the lender has a title search done. As part of the title search the title agency does a judgment search. They search the court records for all judgments that have been entered against the owners' names. If the owners have a common name then the judgment search can be hundreds of pages. I once did a closing for a person whose last name is Smith and there were over 700 pages of judgments. None of those judgments were against my client.

If this IRS judgment is not against your husband then, at the time of closing the title company will probably have him sign an affidavit saying that the judgment listed on the judgment search is not against your husband but instead is against someone with the same or similar name. Contact the title agency and ask them if that is their procedure.