IRS tax liens attach to property at auction?

6 Replies

There is a property im looking to bid on next week, on the courthouse steps.

I did a chain of title and all looks good. But I found on casenet tax liens for $48,000 and garnishments against the current owners. One from the department of revenue. And an HOA lien for three years of dues. The Dept of revenue lien is from a different county in the State. Would this lien attach to the property if I picked it up?

You'll have to check with your state laws on whether the HOA Lien stays with the property as every state is different. In Florida HOA's are Super liens. I'm not sure about the IRS lien as I've never encountered this, but could be a Super lien as well.

Perhaps @Wayne Brooks  and @Steve Babiak  could chime in to confirm.  

A State Dept of Revenue is Not an IRS lien, and likely won't be treated the same.  Talk to a local RE attorney or good title co.

Not sure about Missouri but the Dept of Revenue Lien could be child support which could be pretty ugly.

In my state, the PA Dept of Revenue liens get to jump to the front of the line when it comes to getting paid. Can't say whether that is the case for the OP's state. And as @Chad Urbshott stated, HOA liens vary by state as well; the HOA might even have some sort of CCR that says the new owner has some obligation for unpaid dues (that might or might not be enforceable, but is it worth a fight).

Based on my research so far, it does not look like the Dept of Revenue Liens attach to the property.  Im going to consult with an attorney today to confirm.  

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