Judicial Liens and Tax Liens

Federal Tax Liens. Federal tax liens most often arise from back income taxes owed by the homeowner. The Internal Revenue Service can register the lien on the property, even if it is the taxpayer’s.

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1. Tax lien foreclosure doesn’t necessarily wipe out everything. With Tax sales, so much depends on who was notified of what, and when that notification happened. Did the tax commissioner notify the prior owner? What if that owner was deceased? Was the Estate notified? When?

Judicial liens are a matter of public record, and anyone can find out if any such liens exist on real estate by searching county and court records, either on their own or using a title company. A title search is the most ironclad way to ensure that any and all judgment liens are found.

The lien being "avoided" can’t just be any kind of lien but has to be a "judicial lien," defined in the Bankruptcy Code as "a lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding." Generally that means that the lien resulted from a judgment entered against you in a lawsuit or similar.

Judicial liens arise from judgments in law suits. statutory liens are created by a statute in the law; tax liens and property tax liens are the most common statutory liens.

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Motion to Avoid a Judicial Lien If your attorney is aware of the judicial lien(s) and you do not have any non-exempt equity in property to secure the liens, your attorney can file a motion to avoid a judicial lien to prevent the judicial lien from affecting you in the future after the debt was discharge in your bankruptcy.

HAZLETON – “No lien” letters that were proposed in May won’t be arriving. Sellers who are available through judicial and tax sales likely haven’t paid other bills, she said. The ordinance passed.

Non-Judicial Foreclosures. To the extent provided by state law, property is discharged from the tax lien when the holder of a superior encumbrance forecloses non-judicially under IRC 7425(b)(2) and properly notices the IRS. Foreclosure by a lienholder junior to the federal tax lien does not disturb the tax lien (IRC 7425(b)(1)).