Newbie buying house next door - with IRS lien

Newbie buying house next door - with IRS lien

Member since 2024 · 2 posts · 0 votes

Hi folks, I’m a total newbie so please be gentle. We’re trying to buy the house next door. Owners haven’t paid mortgage in 4 years. We’re under contract with them for an all cash deal but they keep missing closing dates. The mortgage servicer is putting it up for auction so we plan to buy it there. The complication is the liens. There are about $300K in various liens that the auction attorney confirmed are junior to the $296K mortgage. There are also three IRS liens that total $3 million. The last time the house was at auction it sold for $398K (owner filed bankruptcy and negated the sale, then ignored the court until they dismissed his case). Attorney confirmed that IRS was notified 25 days before auction date. 

How risky is this? We’re not planning to flip or sell and we’re aware there is a waiting period. We did an inspection so we already know the house has to be gutted. The owners also still live there. Can we do anything in that waiting period? Can we get an owners title policy for anything that comes out of the woodwork?


any and all advice appreciated!

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Jonathan GreeneBusiness Member
Real Estate Consultant · Madison, NJ · Member since 2016 · 6k+ posts · 7k+ votes
2y

Run away. Some of those liens are going to run with the house and potentially into your river. Why are you buying something for cash with $3.3m in liens on it? I know it's next door, but you have probably spent way too much time on this already which you will never get back when it fails.

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  • Investor · Charleston, SC · Member since 2011 · 606 posts · 413 votes
    2y

    This is the loading question since not all the information is presented. As a newbie you may want to reconsider. You are in quite a complicated arena. If the first mortgage is foreclosing, it will wipe out most of the junior liens, but depends on what those junior liens are.  For example, certain liens will not go away such as property tax liens, code enforcement liens, certain city liens, etc.  The IRS lien has 120 days right of redemption. You need to run a title search and go through it carefully before trying to buy such a property.   

  • Jonathan GreeneBusiness Member
    Real Estate Consultant · Madison, NJ · Member since 2016 · 6k+ posts · 7k+ votes
    2y

    Run away. Some of those liens are going to run with the house and potentially into your river. Why are you buying something for cash with $3.3m in liens on it? I know it's next door, but you have probably spent way too much time on this already which you will never get back when it fails.

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    2y

    I would talk to your attorney about this and have him contact the IRS about the liens.

  • Member since 2024 · 2 posts · 0 votes
    2y

    Is there any chance we would owe the $3MM or is the risk just that the IRS will take it back, reimburse us, and then we don’t have the house?

  • Investor · WNY/CNY/Adirondacks, New York State · Member since 2024 · 151 posts · 133 votes
    2y
    Quote from @Vaviana Elizabeth:

    Is there any chance we would owe the $3MM or is the risk just that the IRS will take it back, reimburse us, and then we don’t have the house?

    This question is terrifying.  What does your lawyer say?

  • Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
    2y
    Quote from @Vaviana Elizabeth:

    Is there any chance we would owe the $3MM or is the risk just that the IRS will take it back, reimburse us, and then we don’t have the house?


    No. There is no chance you would "owe" the $3MM in IRS liens. That said, there is some new case law that says the IRS does not waive their rights after 120 days. While this is limited to non judicial foreclosures, its still a concern. Check out the case: Show Me. State Premium Homes, LLC v. McDonnell, 74 F.4th 911

    And no, this is not a scary scenario. Get a prelim. Make sure your sale is the senior lien holder.

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