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    TheStockman's Avatar
    TheStockman Posts: 1, Reputation: 1
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    #1

    Nov 24, 2008, 12:09 PM
    IRS Lien
    My wife and I have a tax lien, roughly $20k. This lien was placed against our house, and a few old rental homes we had. However, when things hit the fan, and they usually do for a reason, and as I lost my job, I had to file bankrupcty.

    Included in the bankruptcy, I listed the primary home, and all the rentals, I listed the IRS debt, too, etc, etc. The banks were given our hosues, and they attempted to sell our them, and no one bought them, so they became REOs. Now, our primary house is under contract, for 200k less than what we originally paid.

    My question is regarding the tax lien. Even though I filed BK, doesn't the lien stay with the property(s)? And, if someone is in fact buying this house, wouldn't they also be paying this lien off regardless if the bank is the owner, etc?

    How can I, without stirring up the water with the IRS, verify that this would be the case? Maybe, now that the bank owns it, did they have to pay off the lien? Or, when I filed BK, and the judge gave all the houses back to the banks, did he also give me back the lien to follow me, until I personally can pay it back?

    If the house has not closed, can I notify the IRS vs. letting the debt be subordinated or transferred in some way to me, again, off the property? Yes, it's my debt, but the person buying my old home is getting it for 200k less than what I paid. I should at least attempt to have this paid by the house buyer, right?

    Any help would be greatly appreciated.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Nov 25, 2008, 10:45 AM
    This is a LEGAL question, not a tax question, so it should be transferred to the LAW forum, probably under "Other Law".
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 25, 2008, 11:15 AM

    Moved to real estate

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