What Are Tax Liens and How Do they Affect Me?

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.

The real property owner and mortgage lender will be served with a notice if taxes become delinquent on the property. A title search is invaluable if you are thinking of purchasing a piece of real estate. The existence of any tax liens will show up on a title search, thereby alerting you to the fact that there are unpaid taxes due.

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.

In the event this doesn't happen, there are several different ways to make overdue tax payments in order to remove the lien from the property. The home owner can decide to pay the tax directly. Alternately, the home owner can decide to use 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.

Income tax and gift tax are examples of two types of tax which might cause a tax lien if not paid. For these types of taxes, federal law will apply. Adversely, state tax liens will be governed by that state's laws. In order not to land in the middle of this kind of situation, it is best to pay any tax when it comes due. Additionally, it is wise to order a title search for any piece of property you are thinking of purchasing. - 31821

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