Received A Notice of Federal Tax Lien

Federal Tax Liens Attached to Your House and All Your Property

The Internal Revenue System (IRS) issues tax liens against your property when your income taxes are delinquent. The IRS does not have to file a complaint in court and obtain a judgment before the lien attaches. They just file the lien and it is done. That is efficient and actually pretty cruel.

I Don’t Own Real Estate in the State the Lien was Filed

Many people believe the lien is against their real estate because it is normally filed in the land records office. So they mistakenly believe that it only attaches to their real estate in that county. Wrong. It attaches to ALL of your real estate WHEREVER located within the United States. And it attaches to the real estate you acquire after the lien is filed.

I Don’t Own Any Real Estate for the Lien to Attach To

So you don’t own any real estate. No need to worry, right?  Wrong.  Even if you don’t own any real estate the federal tax lien attaches to all your property. That’s right, all of you property, including property you obtain a year from now. Included are your earnings, cars, savings accounts, and even household items. The federal tax lien pretty much places a net over everything you own and are going to own.

What About My Due Process Rights?

Although there is no requirement for a court proceeding, your due process rights have not been violated. The IRS does follow specific procedures to collect the tax debt before resorting to the Federal Tax Lien. You will likely receive many notices from the IRS notifying you of their intent to collect a tax debt. You will even receive a notice of their intention to levy (put a lien on your property) that gives you one last opportunity to work with them prior to issuing the lien. In most cases your due process rights have been protected.

How Do I Deal With Collections of Federal Taxes?

Like most matters, you can always try on your own. The process is complicated and requires that you properly prepare and file many complicated documents. Errors on these documents could be costly.

You could consider filing bankruptcy. Contrary to popular belief, certain taxes in certain circumstances can be discharged. If you have other pressing debt, bankruptcy might be a very good option.

You can retain a competent professional who understands the complex nature of the forms and the proper classification of income, assets, liabilities, and necessary expenses. A tax profession can negotiate with the Internal Revenue Service and seek a number of remedies, such as affordable installment agreements, offers in compromise, and obtaining non-collectible status.

If you have back taxes owing to the IRS, call a competent professional to find out what options are available to remove or prevent a Federal Tax Lien.

Creditors Will Put A Lien On Your Property

Many creditors will put a lien on your property.  They are trying to ensure they get paid for the debt you owe.  There are judgment liens when you lose the lawsuit.  And there are tax liens when you don’t pay your income taxes.  A lien against your property creates many problems for you.

A lien can be placed on just about anything you own.  Usually liens are placed on your home and/or cars.  They make it hard for you to sell the property.  They also give the creditor the right to take your property and sell it.

A lien on your house gives the creditor the right to foreclose on your house.  Even if the creditor does not foreclose the lien causes other problems.  If you try and sell your house the creditor gets paid.  If you try to refinance your mortgage the creditor gets paid.

Liens are very costly.  Some creditors obtain the lien and wait.  They sit back until you to try to sell or refinance.  The whole time the debt is getting bigger with interest.  That $5000.00 credit card debt is now $7000.00 five years later.

Chapter 7 Bankruptcy will prevent liens from attaching to your property.  However, once attached liens are not discharged in Bankruptcy.  A lien may be able to be removed during the bankruptcy process.  This generally requires additional procedures.  Creditors will put a lien on your property, it’s a cheap way for them to get paid.

What is a Tax Lien

A Tax Lien is a legal right the government has in your property.  If you fail to pay your income taxes a tax lien may be placed on your property.  The government can take your property and sell it to pay your taxes.

Taxing agencies are not required to file a lawsuit first.  They just need to file the lien in the court and they have a right in your property.

Federal tax liens affect your property wherever is it.  The federal tax lien may be filed in the state in which you live.  Your property in another state is still affected by the lien.  State tax liens are similar to federal tax liens

What is a Judgment Lien

A Judgment Lien gives a creditor a right in your property after winning its lawsuit.  It helps the creditor collect what you owe.  If you don’t pay you may lose your property.

A judgment lien is created after you have been sued.  If the creditor wins its case it can obtain a certificate of judgment.  The certificate is filed in the common pleas court.  Your creditor now has an lien on your property.

Your creditor may try and sell the property or foreclose on it.  Your creditor may wait for you to try and sell the property.  When you do try and sell the property the creditor with the lien will need to be paid.

What is a Lien

A Lien is a legal right your creditor has in your property.  It ensures you will pay your debt.  A lien can be enforced (you lose the property) if you do not pay the debt.

The bank you pay your car loan to has a lien on your car.  The bank will repossess your car if you do not pay the loan.

A home mortgage is a lien.  It gives the bank the right to take your house through foreclosure.