Legal Question in Tax Law in Texas

IRS Lien On My home

I was in the process of refinancing my home and found out there is a IRS lien on my property. When I bought my house my boyfriend at the time was included on the Deed of Trust. When I realized this I asked that he be removed and on a few of the closing papers his name was marked thru and initialed but he was never removed from the Deed of trust. He owes back taxes. I had never seen his name on anything related to the house, didnt even know his name was on the deed til all of this happened.. property statements/taxes/insurance have all been in my name. The title company seems to think his name was left on the deed of trust because of his 'consitutional right to homestead' to protect the mortgage company. The title company had me file a new warranty deed to release any claim he has to the property. I called the IRS to ask for a release of the lien and they told me I needed to file a certificate of nonattachment and could give me no further info since we were never married and I have no lien against me. Is this what I need to clear the lien on my house? How do I prepare this or who do I call to have this prepared for me.


Asked on 2/14/06, 12:17 am

1 Answer from Attorneys
Barbara Lamar Law Office of Barbara Lamar

Re: IRS Lien On My home

There is no standard IRS form for a Certificate of Nonattachment, so your best bet is to have a tax lawyer or CPA prepare one for you.

It looks like you're in Corpus Christi. If you don't know a good CPA or tax lawyer there, I'd be happy to help you if you don't mind working via fax, email (or IM) and phone.

If you'd like to contact me, I'd be happy to talk with you, and I can let you know exactly what the fee would be. My email address is [email protected].

Barbara Lamar Attorney/CPA

2600 McCullough Ave

San Antonio TX 78212

www.texas-tax-lawyer.com

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Answered on 2/14/06, 11:59 am


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