How to check if lien has expired? Resolving old tax lien after husbands death?
Hi I have a situation where my husband that has passed away died owing back taxes and they placed a lien on his house in 2010. When we found out he was terminally Ill we consulted an attorney and drew up papers for joint tenants with survivorship rights to the deed. I have continued to pay the mortgage payment that is in his name for the last almost 6 years. We were in fear that if I were to notify the mortgage company of his passing and try to switch the mortgage into my name that this would count as a sale and cause the lien to come due. I am also in fear to bring my intentions to the irs that after discovering the details of the situation that they can force the sale of my house. But I would like to finally have the mortgage in my name. I did not file joint with him those years. We also attempted to resolve the lien before his passing by asking for forgiveness but did not get approved before he died. What should I do? I've read that summertime working with the irs freezes this statue time. How can I find out if its released?
- mercedesLv 73 weeks agoFavorite Answer
Read the narrative statement above the name section of the Form. The resolution of your photo is too poor for us to read. If the date shown in Column E has passed and the lien has not been refiled in the same office as the original lien then the lien has self-released. There will be no separately filed release. None of the other answers posted make any sense at all.
- cynic47Lv 63 weeks ago
Again you think random internet posters are more reliable than consulting a competent attorney? The advice on Yahoo is worth what you paid for it!
- SlickterpLv 73 weeks ago
Lines do not expire. If you try and refinance to your name only, yes, the lien will have to be paid. The IRS will not force the sale of your house. They place the lien and collect when it does sell. There is no statute time here. The lien is forever.
- 28AKOLv 53 weeks ago
first thing you should of done was send death certificate in to IRS of your husband death. You need to send death certificate to mortgage company to his house, shouldn't be an issue if yall were married and he passed away to put house in your name. I'm a little confused as if u and your husband resided together b4 he passed away or if you have your own separate home u home. Due to the fact u stated u're afraid they'll force sale of your house. The irs will set up a payment plan with you to get debt paid.
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- EvaLv 53 weeks ago
Check the county clerk records database. Any liens would be recorded there.