Go Getters World

If you have never come face-to-face with a tax lien, let me explain what a tax lien is. A tax lien is a process whereby real or personal property has a lien placed against it in order to secure the payment of delinquent taxes. Taxes owing on the asset itself or taxes owed by a taxpayer will warrant a tax lien.

Real estate tax liens are the most usual form of tax lien. A significant difference between real estate and personal property tax liens is that a tax lien placed against a piece of real estate will remain with the property. This means that if you purchase a house which has been attached, you will be held responsible for the tax lien if it is not detected prior to closing.

If taxes are owed on a piece of property, the mortgage lender and the home owner will be served with a notice. You should order a title search if you are considering a real property purchase. Any liens against the real property will be evident on a title search.

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.

Sometimes mortgage holders will pay the late taxes when they receive the notice of taxes due and then will invoice the home owner for the amount paid. Mortgage holders will do this to protect their interests because a governmental tax lien outweighs the mortgage payment due to the mortgage holder.

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.

What happens if the taxes are not paid? If a tax lien is not paid within a specified timeframe, the property, real or personal, can be seized and sold to pay the back taxes.

Most real property tax liens are federal liens stemming from taxes such as income taxes and gift taxes. Federal law will determine the process related to these tax liens. Likewise, any state tax liens will follow that state’s procedures. When all is said and done, it is wise to pay any and all taxes when they come due. It is also smart to request a title search if and when you decide to purchase a piece of real estate.

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