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.

The most common form of tax lien is that placed on real property. Tax liens placed on real property differ from personal property tax liens in that real property tax liens attach to the home. So, if you decide to sell your home, that unpaid and delinquent tax remains with the house after the sale. The new owner will then be responsible for the payment of these overdue taxes.

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.

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.

Normally, the home owner will have a length of time in which to pay the back taxes. If the taxes are not paid within this time period, the property can be seized, subsequently sold, and the proceeds used to pay the delinquent 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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