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What happens to your liens if you discharge IRS debt in bankruptcy?
The liens survivie the BK.
Tax Lien priority in foreclosure?
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!
If house is foreclosed do all liens have to be satisfied before title is cleared?
The liens that predate the foreclosed mortgage must be paid such as a prior mortgage. The http://taxes.answers.com and any municipal services liens must be paid. Any mortgages, attachments, etc that were recorded AFTER the foreclosed mortgage get wiped out as liens against the property.
When a mortgagor forecloses on a property and sells it who pays any liens?
Generally: The proceeds of the sale are used to pay outstanding liens that must be paid. Liens that must be paid are local, state and federal taxes, municipal services liens, the subject mortgage and any liens that were recorded prior to the recording of the foreclosed mortgage. Any liens that were recorded after the subject mortgage are wiped out as to the record title. They would no longer be liens against the real estate but could be pursued as against the owner who acquired them.
Who does the IRS allow to put liens on tax refunds?
Governments
Is there a statute of limitation on mortgage liens?
Apparently there is a statute of limitations of a mortgage in Maryland of 9 years after the last payment was due.
What are the procedures at a real estate auction to determine what liens are paid?
Answer: Liens that were recorded prior to the mortgage must be paid. Taxes and municipal liens must be paid. Liens that were recorded subsequent to the foreclosed mortgage are wiped out by the foreclosure. AND you should have the title checked at least one more owner back to determine what liens are outstanding.
Can the IRS place a levy on social security retirement checks when the statute of limitations on collections is up in Indiana?
The statute of limitations for IRS tax liens is 10 years plus. See related link for more information.The statute of limitations for IRS tax liens is 10 years plus. See related link for more information.The statute of limitations for IRS tax liens is 10 years plus. See related link for more information.The statute of limitations for IRS tax liens is 10 years plus. See related link for more information.
Are liens extinguished after a mortgage foreclosure?
No. They are liens on the property. Typically what happens is the property will be foreclosed and sold. The liens, including the mortgage, will be paid off in the order of being placed. Once all liens are paid off, if there is any money left over, there might be some money for the owner.A Different PerspectiveLien priority is important in a foreclosure procedure. That's why a lender who loans a considerable amount of money on a home secured by a mortgage seeks to be in first place and will often require other lenders to subordinate their liens. Lien priority depends on the time of recording except for property tax liens which take priority over every other type of lien, even a first mortgage. The foreclosing lender takes the property subject to any lien recorded prior to the mortgage being foreclosed. The foreclosing lender must pay off those senior liens. Any lien recorded after the mortgage is a junior creditor and that lien gets wiped out as of record and will not affect the title to the real estate for any future owner. One exception is IRS liens which do not get wiped out and must be paid to clear the title to the property.Junior creditors can go after the debtor personally but they will have no interest in the real estate.You can read a good example at the link provided below.
Can 2nd mortgage collect after auction?
No. Once the first mortgage or deed of trust is foreclosed, the second mortgage and any inferior liens are voided.
What are all the liens included in junior liens?
The types of liens that are common junior liens are mortgages filed after the first, Home equity lines of credit (HELOC), mechanic's liens, back child support payments, property taxes, past due HOA assessments, dues and fees, IRS, court judgments (if they are attached to your property by a judge). If the first mortgagee successfully forecloses on a property, all liens attached are wiped out except for property taxes, IRS liens, and child support.
Classifications of liens?
There are few types: construction, security, tax, judgment, artisan... you should check your state statutes (lien laws) for the types of liens and the requirements for each. Most state statutes are available online.
