Can a home be sold if there is a lien with the IRS?

Concerned
Home Seller
Little Rock, AR

I am a co-owner with another person who owes the IRS $76,000. After splitting in half, he would be short $10,000 of the amount he owes. MY question is: can the sale close with the lien. And, assuming that the IRS would take the $66,000 of his half would that give OK for Escrow Co to close? Any advice? We have a 30 day escrow so not enough time to have the IRS remove/lift the lien. Should we get a tax atty to deal with the IRS for us?

Answers (1)
Judy Luna
Agent
Fayetteville, AR
FIRST ANSWER

I'm not sure but IRS liens take precedence over other liens. I think in order to sell the property, the lien would have to be paid off in full. This would be done out of the proceeds of the sale. If the co-owner's half of the proceeds only comes to $66k, the rest would probably be coming out of your half, so the other seller would owe you that amount.

You don't mention if the home is under contract, but if it is, check with your title company. They can give you better advice. Their lawyer may also be able to draw up a promissory note for the other seller to sign if the scenario I mentioned above is what will happen.

I think your idea of a tax attorney to deal with the IRS is a good one. He will probably also be able to advise you on what is necesssary for the sale to take place and/or draw up the promissory note if necessary.

Web Reference: http://www.judyluna.com
Thu Jun 4 2009, 13:21

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback