Judicial Liens and Tax Liens

The Internal Revenue Service routinely files federal liens against taxpayers who have unpaid tax obligations. A federal tax lien is a document that goes on record with a county government, usually where the taxpayer lives or conducts business, notifying the general public that the taxpayer has an unpaid federal tax debt. Liens attach to the taxpayer’s real property or personal property.

BIDDING DOWN TAX LIENS Bidding for tax liens under the New Jersey Tax follows a procedure known as bidding down’ the lien. Since the amount that the bidder must pay for the lien is fixed by law, bidders compete on the basis of the interest rate the property owner is charged, if and when the owner redeems the property.

Tax Liens. Tax liens are difficult to remove in bankruptcy. Generally, you cannot get a lien for back taxes discharged in bankruptcy unless you have filed all of your tax returns and the tax debt is at least three years old. Additionally, the taxes must be income taxes only, and the IRS must not have assessed the taxes with the prior 240 days.

Federal Tax Liens In Foreclosure Proceedings. A federal statute requires notice be given to the United States but, for reasons unknown, the Village provided no notice. The Village commenced a judicial foreclosure and had a sale on November 13, 2013, at which it was the high bidder.

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A tax lien foreclosure, or tax lien sale, is a specific type of proceeding conducted by a state or local government agency. In a tax lien foreclosure, a tax lien may be sold by the state for delinquent taxes on a particular piece of real estate.

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Letters were sent out on Tuesday, April 23 notifying resident with overdue water accounts that “all outstanding balances will be declared delinquent and the lien will be placed against the property on.

The source of problems in this area is that federal law has created both maritime liens and the federal tax liens. Currently, the courts have generally taken the view that the maritime lien should prevail over both prior and subsequent federal tax liens, regardless of whether the Service has filed a NFTL.