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NALTEA CONFERENCE CANCELLED - Wanda Steudel/OH
9/14/2015 11:32:16 AM (1628 views)

[-] pre-existing Federal Tax Lien question - Leigh Attridge/MA (13 replies)
9/12/2015 8:12:21 AM (2453 views)
Re: pre-existing Federal Tax Lien question - Carol Clark/NY
9/12/2015 12:15:24 PM (1956 views)
Re: pre-existing Federal Tax Lien question - Leigh Attridge/MA
9/12/2015 12:46:12 PM (1976 views)
Re: pre-existing Federal Tax Lien question - Robert Franco/OH
9/14/2015 11:04:07 AM (1808 views)

That is a very interesting questions.  Here is my guess...

The IRS lien attaches to all property and rights to property of the taxpayer.  This includes future interests, contingent interests, and executory contracts. In this example, Joe Blow certainly had a right to property.  So, I believe that the IRS could go after something.  But, I don't think that the IRS has a lien on the real estate because it doesn't appear Joe Blow held a legal or equitable interest in the property.. 

The IRS might be able to get a lien on the real estate if they could prove that Joe Blow has an equitable interest in the property, held in the name of family members.  But, I think that interest would be limited to the percentage value that Joe Blow contributed to the purchase price.

I think the IRS would have a lien on the proceeds from selling his right to buy the property.  In this case, since it was family, I think the IRS would have a lien on the value of the that right.  I'm not sure how much that would be worth.  Maybe the amount of the down payment he paid to secure the right... or maybe the difference between the bid price and fair market value of the property. 

You will have to let us know if your client insures the title.

Best,
Robert.

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Re: pre-existing Federal Tax Lien question - Carol Clark/NY
9/14/2015 1:19:15 PM (1872 views)
Re: pre-existing Federal Tax Lien question - Robert Franco/OH
9/14/2015 1:47:32 PM (1697 views)
Re: pre-existing Federal Tax Lien question - Carol Clark/NY
9/14/2015 2:01:18 PM (1649 views)
Re: pre-existing Federal Tax Lien question - Leigh Attridge/MA
9/14/2015 5:46:22 PM (1847 views)
Re: pre-existing Federal Tax Lien question - Michael Madden/RI
9/18/2015 1:34:39 PM (1564 views)
Re: pre-existing Federal Tax Lien question - Leigh Attridge/MA
9/18/2015 6:03:28 PM (1566 views)
Re: pre-existing Federal Tax Lien question - Carol Clark/NY
9/21/2015 5:30:33 PM (1508 views)
Re: pre-existing Federal Tax Lien question - Rita Killary/NY
9/14/2015 6:44:14 PM (1805 views)
Re: pre-existing Federal Tax Lien question - Michael Madden/RI
9/18/2015 1:41:03 PM (1526 views)
Re: pre-existing Federal Tax Lien question - Lynda Cooke/VA
9/22/2015 11:40:41 AM (1507 views)

[+] Altisource - Marcy Planer /LA (3 replies)
9/11/2015 12:48:30 PM (2696 views)

[+] Core Logic - Lucille Femine/TN (14 replies)
9/9/2015 6:04:13 PM (2633 views)

[+] Realmetrix Comes Through - jess barker/IL (8 replies)
9/9/2015 5:33:49 PM (2170 views)




[+] Amerisearch - Lisa Ramsey/TX (2 replies)
9/8/2015 6:26:14 PM (2394 views)

[+] How to look up titles online - Chris Leonard/GA (5 replies)
9/8/2015 4:35:02 PM (2243 views)

[+] Credit Line - Lisa Ramsey/TX (1 reply)
9/5/2015 10:58:06 AM (2193 views)

[+] SouthEastTitle and Processing -NON PAYER - Tamara Howard/FL (7 replies)
9/3/2015 9:56:47 AM (1995 views)

[+] Assuming non-Assumable mortgage? - Alix Ott/MI (4 replies)
9/2/2015 8:33:21 AM (1948 views)

Texas abstractors - Lisa Ramsey/TX
9/1/2015 12:33:31 AM (2079 views)

Applied Technology Resources - Paige Dunn/GA
8/30/2015 11:30:30 PM (1999 views)

Attention New England examiners upcoming conferences - Leigh Attridge/MA
8/26/2015 11:41:41 AM (1908 views)

Surveyors - Lisa Ramsey/TX
8/24/2015 8:10:29 PM (1633 views)

[+] Loan Processing Company of Kentucky - rhonda lippencott/TN (1 reply)
8/24/2015 10:22:45 AM (2119 views)


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