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  #3  
Old 09-03-2003, 06:23 AM
L K Williams
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Default Re: Refinancing with tax lien.

- quote -

> > > How can I refinance a home if it has an IRS lien on it?
> > > > > The home that needs refinancing has an IRS lien for around
> > > $30,000. There's nearly $100,000. equity in the house...but
> > > the lien blocks the loan. The idea is to get a new loan on
> > > the property, thereby enabling us to arrange to settle the
> > > lien, and then get a lower interst rate on the mortgage.
> > > > > I would appreciate any advice.


> > Talk to your mortgage broker/loan officer. It should not be
> > a problem to get a loan if in the process you pay off the
> > lienholder. That happens in nearly all home sales and
> > refinances, since the current mortgage holder will have a
> > lien against the property.


> I not sure it's as easy as you all make it sound. Would'nt
> one first have to get the lien subordinated,then approach
> the bank.. Not the other way around? Some have implied here
> that you can basically let the bank handle it, and the IRS
> will comply. Just as long as they get paid off.
> So realistically....
> 1. You go the IRS for lien subordinatiion.
> 2. You wait 3 mos. for them to approve.
> 3. After lien is removed you then go to the bank.
> I have a client who is in the same situation. Their loan
> company won't give them the loan until the lien is removed
> or subordinated. Are there specific financing companies or
> banks that are good for this situation? (Especially if bad
> credit is involved).


In the last 25 years, I've seen loans made under these
circumstances numerous times. I've never heard of a lender
making difficulties, as long as the taxpayer could meet the
lender's underwriting requirements. It was not necessary to
get a subordination from IRS, the escrow instructions
included a requirement for the escrow agent to use the
proceeds to pay them, As long as the tax liability gets
paid, the lien gets released and the lender has a valid
claim against the property. This works just like the
release of a previous mortgage that is being refinanced and
should not cause anyone any headaches.

Of course, this depends on the credit of the taxpayer and
the equity in the property being adequate to support the new
loan!

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  #2  
Old 08-30-2003, 06:19 AM
Alias Fanatic
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Default Re: Refinancing with tax lien.

"Bestfriend" <a1[at]usa.com> wrote:

- quote -

> How can I refinance a home if it has an IRS lien on it?
> The home that needs refinancing has an IRS lien for around
> $30,000. There's nearly $100,000. equity in the house...but
> the lien blocks the loan. The idea is to get a new loan on
> the property, thereby enabling us to arrange to settle the
> lien, and then get a lower interst rate on the mortgage.
> I would appreciate any advice.


This is not that big deal at all. You simply
payoff the tax lien with the refinance.
The bank's attorney will contact the
IRS and request a lien payoff and the
lien gets paid as part of the refi.

Assuming you are willing to pay it in
full, this is a non-issue.

Charles Markham, EA

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  #1  
Old 08-30-2003, 06:00 AM
Dave Woods, EA
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Default Re: Refinancing with tax lien.

"Bestfriend" <a1[at]usa.com> wrote:

- quote -

> How can I refinance a home if it has an IRS lien on it?
> The home that needs refinancing has an IRS lien for around
> $30,000. There's nearly $100,000. equity in the house...but
> the lien blocks the loan. The idea is to get a new loan on
> the property, thereby enabling us to arrange to settle the
> lien, and then get a lower interst rate on the mortgage.


Talk with the IRS about them getting the loan proceeds.
They don't know what you're doing, hence they cannot lift
the lien to help you settle the issue.

--
David M. Woods, EA
Boston, MA 02109

Postings here are general information only and not to be
relied upon as advice.

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Old 08-30-2003, 05:59 AM
Phil Marti
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Default Re: Refinancing with tax lien.

a1[at]usa.com (Bestfriend) writes:

- quote -

> How can I refinance a home if it has an IRS lien on it?

If the lien will be paid in full from the refi it will be
released as part of the settlement process. If you propose
to only partially satisfy the lien through the refi you'll
need a subordination from the IRS. See Publication 784.

Phil Marti
Topeka, KS

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  #-1  
Old 08-29-2003, 05:41 AM
Bestfriend
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Default Refinancing with tax lien.

How can I refinance a home if it has an IRS lien on it?

The home that needs refinancing has an IRS lien for around
$30,000. There's nearly $100,000. equity in the house...but
the lien blocks the loan. The idea is to get a new loan on
the property, thereby enabling us to arrange to settle the
lien, and then get a lower interst rate on the mortgage.

I would appreciate any advice.

Liz

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