0
Not necessarily. The old adage of "first in time, first in line" comes into play. To expand, let me explain that, for example, at a real estate closing where both reps of the IRS and State are in attendance, this situation will be discussed by all concerned parties. Usually, it has been predetermined by the attorneys (and tax reps) who is getting what and why. Now, if we are talking about personal property, it doesn't really matter who filed first, but rather who executes first. The existence of a Federal Tax Lien or that of a State tax lien will not prevent either jurisdiction from taking action on personal property. As a matter of fact, the IRS doesn't even need a filed Federal Tax Lien to take action on most personal property, if not all personal property. A Lien arises (non filed) from the mere refusal/inability to pay federal taxes
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
Would a UCC lien on a property have priority over a mortgage that was recorded prior to the UCC?
The lien that was recorded first would have priority.The lien that was recorded first would have priority.The lien that was recorded first would have priority.The lien that was recorded first would have priority.
Does a mechanical lien cancel other lien?
No. But some liens have priority over others. Usually the first lien to be filed has priority. But not always. Without knowing what the "other lien" is for, it's impossible to provide a more specific answer.
Does a lien over a residential property have priority over a bank first mortgage?
No. Just imagine, if liens filed after the mtg had priority over the mtg, then the mtgee's cosin could file a lien on the mtged property and screw the mtgor.
Does a state and federal levy have priority over other garnishments?
Yes, the government always gets paid first.
Can't afford to take car out impound CA?
Eventually the state will auction it off to recoup their costs. If you have a lien on it currently, the lien holder may take it out of impound and auction it - the state recovering their costs takes priority over the lien holder, and the lien holder will lose all claim to the vehicle if the state auctions it off. Either way, the payments for the vehicle will remain your responsibility.
Does an auto repair shop lien for unpaid repairs have priority over the bank who has secured interest and title?
No. The bank has a prior lien. The mechanic's lien takes second place.
Which lien has first priority?
Liens are given priority in the order that they are filed. Liens for property taxes, however, will be given priority in the case of a foreclosure sale. But after any back taxes are paid, then the lien filed in first in chronological order will be given the highest priority.
Can the IRS put a lien on a house that already has a lien on it from an individual?
Yes, but in most cases whoever had their lien filed and perfected first will have priority (get paid first) over anyone else who files a lien. The IRS can file a lien, they'll just be second in line.
Can a cop seize your car if it has a bank lien on it?
The priorities of local and state governments, as well as the federal government, takes precedence over those of private parties. If you do something to get the car seized, it doesn't matter if there's a lien on it or not.
Will an impounded vehicle be turned to the lien holder?
Not unless the lien holder goes and retrieves it from impound themselves. The reimbursement of government fees (federal, state, or municipal) outweighs the priorities of the lienholder. When a vehicle goes into impound, the agency which impounded the vehicle puts their own lien on it, and that lien takes priority over the original lien. If the vehicle is not retrieved from impound, it will be auctioned off, and the lien holder basically gets shafted in the process. The person who took the lien out on the vehicle will owe the remaining balance still, and one of the money the agency auctioning the vehicle makes will go towards reducing the amount owed to the lien holder. To that end, you're better to let the lien holder repossess the vehicle and auction it, rather than have it impounded.
What was Jeffersons first priority as a president?
To limit the federal governments power over the citizensJefferson's first goal as President was to limit the federal government's power over states and citizens
Can you place a lien on the home of someone who owes you money awarded to you from the court of law?
You should be able to obtain a judgment lien from the court and record that lien in the land records. The owner then couldn't refinance or sell the property without paying off your lien. If there are other liens on the property they would have priority over yours.
