Tax Liens 101

By Amber Deanwater

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.

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.

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.

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.

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.

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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