Tax Law (Questions About Taxes)/Federal Tax Lien
The IRS has placed a Federal Tax Lien on our home, of which I am and have not been on title, since we built the home in 1999. We live in Washington State which is a community property state. We file our taxes "Married - Filing Separately). I personally owe the IRS approximately $27K. The lien is in the original amount of about $55K. I have an installment agreement with the IRS in which I am current. My husband is trying to refinance the home and cannot due to the lien. My question is:
1. How can the IRS lien a property that I am no in title to?
2. How can I get the lien removed so that my husband can refinance?
Hi Connie --- This is always an ugly situation. Since you are in a community property state, it does not matter that you are not on title for the home. It's half yours anyway. You could try and convince the IRS to remove the lien since you are not on title (you'll have to provide proof, and that the taxes owed were a result of you filing separately. In a separately property state, this is much easier.
The IRS is not likely to remove the lien, however, there is light at the end of the tunnel. Often the IRS will subordinate the lien so that you can refinance. This doesn't mean they will remove it. But, they may allow the bank that will refinance to move "into first position"
Here is a link to the application: http://www.irs.gov/pub/irs-pdf/f14134.pdf
Have your escrow company fill it out and submit it for you.
Good luck --keep me posted!