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Updated over 9 years ago on . Most recent reply

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Mark Beekman
  • Investor
  • Phoenixville, PA
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IRS Liens in Former Owner's Name - Special Warranty Deed Enough?

Mark Beekman
  • Investor
  • Phoenixville, PA
Posted

I have my eye on an occupied bank-owned property on an auction site that was originally foreclosed on this past October. As is customary, the auction site offers a Special Warranty Deed.

While digging around to find information on the previous owner (who still resides there), I found several large IRS liens in this former owner's name.

Does a Special Warranty Deed protect me from a potential IRS redemption in this case?

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

No, a SWD only makes the bank responsible for things that occurred while They actually owned it.  However, as long as the IRS was properly notified/served in the foreclosure, their lien/right to redeem expires 120 days from the foreclosure auction sale.  Also, I assume you're getting title insurance, make sure the IRS lien, or any others, is not an exception listed in the "B" section of exceptions.

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