To be fair, the question specifically asked how far back one would search a particular name, not necessarily how far back the search of of the property should be ran. I was specifically looking for a recognition that a Federal Tax Lien filed before an owner acquires title would still attach to the property. Thus, it is important to search the individual parties before they acquired title to see if there is a Federal Tax Lien that may still be valid.
Though neither 26 USC §6321 (Federal Tax Lien) nor 28 USC §3201 (Federal Judgment Liens) specifically states that the liens attach to after-acquired property, courts have interpreted the Federal Tax Lien statute in such a way.
§ 6321. Lien for taxes.
If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person.
§ 6322. Period of lien.
Unless another date is specifically fixed by law, the lien imposed by section 6321 shall arise at the time the assessment is made and shall continue until the liability for the amount so assessed (or a judgment against the taxpayer arising out of such liability) is satisfied or becomes unenforceable by reason of lapse of time.
Here is what one Federal Court held:
That this expression is not limited to property possessed by the debtor at the time the distraint is laid is plainly indicated by the provision of the statute that the lien 'shall continue until the liability for such amount is satisfied or becomes unenforceable by reason of lapse of time,' an amendment made by § 613 of the Revenue Act of 1928. Formerly, the statute decreed that the lien was in effect 'until paid.' If the lien is not considered as applying to after acquired property, the amendment is meaningless, for the lien would continue in any event as to property owned when the lien arose."
In re Victor Brewing Co., 54 F. Supp. 11, 13 (W.D. Pa. 1944)
Further, the legislative history of the Code section indicates that Congress intended to provide the IRS with a way to collect taxes in the future when a taxpayer may have sufficient assets to collect the debt.
On the other hand, 28 USC §3201 (Federal Judgment Liens) doesn't use the same language.
§ 3201. Judgment liens
(a) Creation. A judgment in a civil action shall create a lien on all real property of a judgment debtor on filing a certified copy of the abstract of the judgment in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code of 1986. A lien created under this paragraph is for the amount necessary to satisfy the judgment, including costs and interest.
(b) Priority of lien. A lien created under subsection (a) shall have priority over any other lien or encumbrance which is perfected later in time.
(c) Duration of lien; renewal.
(1) Except as provided in paragraph (2), a lien created under subsection (a) is effective, unless satisfied, for a period of 20 years.
(2) Such lien may be renewed for one additional period of 20 years upon filing a notice of renewal in the same manner as the judgment is filed and shall relate back to the date the judgment is filed if--
(A) the notice of renewal is filed before the expiration of the 20-year period to prevent the expiration of the lien; and
(B) the court approves the renewal of such lien under this paragraph.
I haven't been able to find any interpretation that these judgment liens attach to after-acquired property. I think it is probably a fair interpretation that these liens create a lien on real property that the debtor owns at the time of filing. But, if anyone has any other information regarding Federal Judgment Liens, I'd be interested in learning more.
Though it is certainly important to look for these liens, I don't believe that they have the same characteristics as Federal Tax Liens and they should be found in the ordinary course of a search. Federal Judgment Liens do seem to be much more rare than Federal Tax Liens. I don't think we have ever come across one in our counties. Perhaps that is why I had such a difficult time finding any information on them.
Best,
Robert A. Franco
SOURCE OF TITLE
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