Judicial Liens and Tax Liens

1. Tax lien foreclosure doesn’t necessarily wipe out everything. With Tax sales, so much depends on who was notified of what, and when that notification happened. Did the tax commissioner notify the prior owner? What if that owner was deceased? Was the Estate notified? When?

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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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.

If you’re experienced in the real estate trade, you’ve probably heard the occasional reference to Tax Lien and Tax Deed Investing. It’s a niche that has the potential to be insanely profitable and it has provided a lot of big breaks for investors around the country. It’s a solid, time-tested approach that has made a lot of money for a lot of people, but I still have my issues with it.

Newsweek has a new problem as the IRS hit its parent company with two tax liens this week totaling $343,777.16 for allegedly unpaid federal corporate income taxes in 2017. The lien comes six months. A judicial lien is defined as a lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.

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Tax lien auctions are conducted on the steps of the county courthouse the first Tuesday of the month. In Georgia, there are two types of tax lien sales: non-judicial and judicial tax sales. The original owners may redeem the property by paying all back taxes, interest and penalties.

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Even if the court holds the tax sale was a “judicial sale,” then the Third Circuit’s decision in United States v. Capobianco mandates that the federal tax liens were discharged because the government.

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