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Judicial Liens and Tax Liens

(a) Scope and application of this section – (1) In general. Section 109 of the Federal Tax Lien Act of 1966 (80 stat. 1141) amended the internal revenue code of 1954 by adding a new section 7425, relating to the discharge of liens. A tax lien of the United States, or a title derived from the enforcement of a tax lien of the United States, may be discharged or divested under local law only in.

Learn the differences between property liens and judgment liens.

Judgment Liens that Can Be "Avoided". The "judicial lien" can’t be related to child or spousal support or a mortgage foreclosure. The lien has to "impair" the homestead exemption. That essentially means that the lien eats into that part of the equity in the home that is protected by the applicable homestead exemption.

With an small exception, it is only judicial liens that may be avoided. Tax liens are statutory, so they aren’t avoidable under 522. The exception to the rule confining avoidance to judicial liens is that for a nonpossessory, nonpurchase money lien on household goods, tools of the trade, or professionally prescribed health aids.

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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.

For instance, the Internal Revenue Service (IRS) might record a lien against your property for nonpayment of tax debt. Liens on unsecured debt come into being after the creditor sues the borrower in court (more in Credit Card Debt and Judicial Liens below). Credit Card Debt and Judicial Liens. All liens don’t come about the same way. A creditor creates a judicial lien (also called a "judgment" lien) after suing the borrower in court and getting a money judgment against the borrower.

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Tax Lien Foreclosure: The sale of a property resulting from the property owner’s failure to pay tax liabilities. A tax lien foreclosure occurs when the property owner has not paid the required.

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According to documents obtained by E! News, the IRS filed a federal tax lien against Chase over an unpaid balance of $16,886.64 for the 2014 tax period. Additionally, the stage of Georgia (where the.