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Well it depends on what type of Tax lien we are talking about. But first rule of thumb, liens have priority based on Irs Tax liens are prioritized like most other liens, by date of recordation. Actually IRS liens can fall further down the list based on when perfected.....but all in all, IRS tax liens do not supercede other legal liens State Tax Liens can superced tax liens depending upon State laws but stilll are subordinate to all other previously filed legal liens. Property Tax liens take priority over all liens, regardless or recordation, perfection, etc. Think of it this way, when you buy property, property taxes are an inherent obligation that attaches as soon as the ink on the deed is dry. There's no attorney on earth that can record a mortgage lien that fast!

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16y ago

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Related Questions

Can you put a lien on a house that is in foreclosure?

Yes, a foreclosure will, however, take priority over secondary and other liens, often everything except tax liens.


Which type of lien has highest priority?

Liens for property taxes have highest priority in a foreclosure regardless of when the lien was filed.


Will there be a federal tax lien put on my house that's in foreclosure?

Yes, there will be a federal tax lien put on your house that is in forclosure. The bank or person that buys your house will have the option to pay that lien off.


What happens to HOA lien in foreclosure?

Your answer depends on the priority of the lien among the debts owed against the title. Clean title cannot pass to a new owner until the lien is satisfied in some way. In some states HOA liens are given a special status, much like property tax liens, regardless of their recording order/priority. See related link.


Type of lien that takes first position in foreclosure?

Real property tax liens(s), followed by the holder of the oldest recorded lien.


Tax Lien Foreclosure Process?

The tax lien foreclosure process is a great form of investing right. Purchasing tax liens and foreclosing on them gives you the ability to purchase properties at a fraction of their cost. Then you can turn around and either rent them out (and make some steady passive income) or sell them at market value for a tidy profit.


What happens to to second lien if borrower defaults on first lien?

It may be accelerated and payable from the excess proceeds of the auction held by the first lienor in foreclosure, if there is any excess. --- improve the answer: If seond lien is not a superior lien (e.g. Tax lien is superior than MGT lien), when the first lien is foreclosured the second lien will be washed out --- Not exists any more. However, a superior lien, even a second lien, will still survive the foreclosure process which means the property owner (who has bought the property during foreclosure) still needs to pay.


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.


How do you buy profitable foreclosure tax lien?

There are programs and books with step-by-step explanations and tutorials on how to invest in and purchase tax liens and profit from them, as well as state-by-state guides on where to find tax lien sales in your state. Visit the link below for the website, Tax Sale/Lien Reviews, to learn about these helpful resources.


What happens to a tax lien on a property lost in foreclosure?

Tax liens are not wiped out by a foreclosure. They must be paid in order to clear the title to the property so that it can be sold. If the lender has to pay them it will add that amount to the amount you owe.


What is the purpose of the IRS's filing of the Notice of Federal Tax Lien?

The IRS files the Notice of Federal Tax Lien (NFTL). The purpose of this is to establish the Government's right of priority against specific third parties.


Does a federal tax lien have priority over state tax lien?

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