Legal Question in Real Estate Law in Georgia
I purchased my first home w/ my mom as a co-signer 7 years ago (20yrs old). I found out last year that their was a $20k federal tax lien on my property from my Step Father who is not on the deed. He receives a bi weekly disability check which is being garnished $200 by the IRS for the past 3 years to pay off the lien.
My mother is currently filing for a divorce, and I would like to re-finance the house soley under my name, but cannot do so because of the lien. Am I just as liable for this lien? Am I stuck with the same mortgage company until the lien is paid? Will the IRS release the lien being that 1. its not his property, and 2. He has been paying them the max allowed for over 3 years now.
I am stuck with a horrible mortgage company, and cannot get out due to the lien, any suggestions would help. I attempted doing the IRS form 784 Subordination of Tax lien, but it wants to know how much I'll be paying towards lien, which is $0, considering its not my debt. Please HELP!
2 Answers from Attorneys
You are asking for us to guess about how the lien attached to your property. UNtil you have and provide that information, no one can give you a definite response. You need to get a copy of all relevant documents, including the lien, deeds and everything else, and be able to specifically tell us the names on the deeds, and the tax lien. Either that, or take them all to a lawyer for review.
Get off the computer, stop talking to the IRS, and immediately see either a tax attorney or a CPA who practices before the IRS.
Whether the lien should be there and how to remove it will be issues that require professional intervention. You will not be able to fix this on your own.
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