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gerard01 · Jun 2, 2009, 06:22 AM

The IRS placed a lien on my mothers home. They told her when I call to settle my past tax debt, they will release the lien. Is this illegal? In addition, they told her all about my debt, how much I owe and how long. She spoke to some family members and now they are outraged at me for it. Did the IRS violate the Privacy Act by dislosing this information?
If I have a case, does anyone know a good lawyer in the NYC area that can help?

Perito · Jun 2, 2009, 06:43 AM

Is your name on the title of your Mother's house or do you have some financial interest in her house that you're not disclosing to us? If not, they cannot place a lien on her house to pay your debt. If your name is on the title, they can place a lien.

As to the question about the Privacy Act, I don't know.

ScottGem · Jun 2, 2009, 06:48 AM

The only way the IRS can place a lien on the house is if you are listed as an owner. So I suspect you neglected to give us that piece of info. Therefore the IRS did nothing wrong.

gerard01 · Jun 2, 2009, 07:09 AM

Sorry.. I do not own the house, nor do I have any financial interest in it. I just live there and am paying rent.

AtlantaTaxExpert · Jun 2, 2009, 08:34 AM

Gerard01:

Have your mother get a copy of the warranty deed and title that shows SHE is the only person with a financial interest in the house.

Then contact the IRS Tax Advocate to see about having the lien removed. It is clear that, if your mother has no tax liabilities, the IRS cannot legally place a lien on her house. The Tax Advocate should intervene to resolve this issue.

If not, then your mother need to contact a tax attorney to get the lien removed and to seek damages from the IRS.

ScottGem · Jun 2, 2009, 09:02 AM

What ATE said. If you have no ownership interest in the house, then they can't place a lien on it for your debts.

However, I would talk to mom first. She could have added you to the deed without telling you. While the IRS is not infallible, I tend to doubt they would put a lien on a house you didn't have an ownership interest in. If mom says no, then get a copy of the deed.

gerard01 · Jun 2, 2009, 06:28 PM

My fathers name is still on the deed, even though he passed several years ago. He is Sr and I am Jr.

ScottGem · Jun 2, 2009, 07:21 PM

Originally Posted by gerard01

my fathers name is still on the deed, even though he passed several years ago. He is Sr and I am Jr.

Ahhh, that could explain it. However, if the deed doesn't not list Sr or Jr, you may have a hard time proving that its not you on the deed.

AtlantaTaxExpert · Jun 3, 2009, 08:19 AM

Actually, it will not be hard at all to prove.

The court house keeps detailed, dated records when changes to deeds are done.

If the OP was a minor (or maybe even not born yet) at the date of the last change of deed, that would a prima facie case that the mother's husband is in fact the name on the deed.

gerard01 · Jun 3, 2009, 06:39 PM

Thanks for all of your answers... update: Mom informed the IRS that what they were doing was illegal and if the Lien was not removed at once, she would get a lawyer and sue. Two days later a letter arrived from the IRA informing her the lien was removed, and apologized for the discrepancy.

AtlantaTaxExpert · Jun 4, 2009, 07:43 AM

Glad to hear it!

ScottGem · Jun 4, 2009, 08:53 AM

Originally Posted by gerard01

Thanks for all of your answers....update: Mom informed the IRS that what they were doing was illegal and if the Lein was not removed at once, she would get a lawyer and sue. Two days later a letter arrived from the IRA informing her the lein was removed, and apologized for the discrepancy.

I love get tough people!