Tax Liens 101
Posted on January 20, 2010
Filed Under Taxes | Leave a Comment
So, what is a tax lien. Well, a tax lien is when real or personal property is attached and used to secure the payment of unpaid taxes. Tax liens may be used for taxes owing on the asset itself or they can be used as a way of “encouraging” taxpayers to pay their delinquent income taxes.
A real property tax lien is the most common type of tax lien. There is one major difference between real property tax liens and personal property tax liens. The difference is that with real property tax liens the lien attaches to the real property and remains with it. So, if you just purchased a piece of real property and there was a tax lien against it, you will be responsible for payment of the delinquent taxes if the tax lien was not discovered prior to the close of the sale.
A notice will be served on the home owner and the mortgage holder if taxes are owed on a property. If you are thinking of purchasing a piece of real estate, you should be sure to order a title search prior to the purchase. A title search will tell you if there are any liens against the property.
Normally, tax liens will be paid out of the proceeds of a real property sale as a closing cost. If this same tax lien is not found prior to the close of the real estate sale, the new owner will be reqjuired to pay the past due taxes.
When the mortgage holder and home owner are served with a notice of delinquent taxes due, the mortgage holder will frequently pay the taxes in order to make sure they are paid. Once this is done, the home owner will be billed for the total amount paid by the mortgage holder. You might wonder why this is done. A governmental tax lien is classed higher than a mortgage payment so the mortgage holder often feels it should pay the amount due in order to protect its interest in the real property.
If this doesn’t happen, the home owner has several options to consider in order to pay the delinquent taxes. Two options to consider are paying the overdue taxes directly or using an escrow account.
Home owners typically have a period of time within which to come up with the money to pay the overdue taxes. In the event the taxes are not paid as required, the real or personal property can be seized, auctioned off, and the sale proceeds used to bring the taxes current.
Typically, federal procedures will dictate the process since most real property liens are federal in nature, such as liens for the payment of income tax or gift tax. If the tax lien is state mandated, the procedures will be determined by the state in which the real estate is located. To avoid this type of scenario, it is best to pay all taxes when they are due and to request a title search if you are considering a real estate purchase.
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