Tax Liens 101

By Amber Deanwater

If you are unfamiliar with tax liens, let me explain the basics. Tax liens are used to obtain delinquent tax amounts owed on real or personal property. A tax lien can be used to obtain delinquent personal taxes, such as overdue income taxes, or for taxes owed on the asset.

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.

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.

Typically, when a piece of property is purchased, any outstanding taxes due will be paid as a closing cost from the proceeds of the sale. The new home owner will be held responsible for any delinquent taxes due which were not detected before the sale closes.

As stated above, mortgage lenders and home owners will both be served a notice regarding the real property taxes when these taxes become delinquent. When this happens, often mortgage holders will pay the taxes and then turn around and bill the home owner for the amount paid. This is done because a government tax lien takes precedence over mortgage payments so the mortgage lender often feels it needs to protect its interests.

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. - 31821

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