Auction Property with Federal Tax Liens

1 Reply

There is a property I am interested in, and it will be auctioned at the courthouse next tuesday, so I order a title search.

It shows only 1 lien for $amount (I don’t know the current balance of the debt), originally taken out by Barack Obama and later the loan was assumed by Donald Trump when he bought the house from Obama. Since the bank wasn’t directly involved with the lien assumed by Trump, Obama is the one who still owes the bank

The title search is showing 3 Federal Tax Liens under the name of Donald Trump(No SSN or DOB)  it quotes

"We have searched and found the owner Donald Trump or similar names ( no DOB or SSN on file) for Abstract of Judgement or Bankruptcy" and then it procees to show the 3 Federal Tax Liens.

 Since we dont have the SSNor DOB of the Donald Trump involved, it is practically impossible to know if these liens are his or some other Donald Trump

My concern is; if I bid on this property and win it, what are the possible downsides or risks? Can the Feds take the property? Would I be able to take possesion to live or rent? Would Trump or Obama be an issue later on? 

Has anyone had a similar expetience?

Thanks!

This is pretty complicated and in order to get even close to an accurate answer your question, you'll need to provide the filing/recording dates of the mortgage/deed of trust as well as the FTLs. It may also turn out to be relevant whether that is a purchase money mortgage on title... although the transfer to DJT could affect its priority as well.

This should help with the analysis: 

https://www.irs.gov/irm/part5/irm_05-017-002

Updated over 2 years ago

Upon further thought I would bet the FTLs attached behind the mortgage but there would still be the usual notice requirements and redemption rights.