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Re: IRS's right of redemption...

Posted by mike on February 14, 2005 at 1:35 PM

In Reply to: Re: IRS's right of redemption... posted by Bill H on June 26, 2004 at 5:30 PM

i have a case where i purchased a home with more than enough money to pay the irs lien, however there were several other liens that were mispelled and didn't show up. I think these are invalid. My biggest concern is to find case law or statute that goes along with your statement which i think sounds reasonable

"Yes, IRS's right of redemption is still extant as long as they are owed any money after the overbid distribution has been made."



Best Regards,


Mike

: : : :
: : : : Dear Ward,
: : : : If the property is sold at trustee's sale and there was IRS
: : : : lien also(junior from foreclosed loan). If the bid goes higher and there is enough money from the sale
: : : : to pay the IRS loan, will the trustee pay remaining money to the
: : : : IRS ? If yes, then does the IRS still have the right of 120 days redemption
: : : : or not? Does the buyer needs to worry or not in such cases?
: : : : Property is in CA State.

: : : : Andy

: : : =======================

: : : Andy,

: : : Yes IRS's lien will be treated like any other junior lien as far as receiving their fair share of an overbid from the foreclosure auction sale of a senior lien.

: : : Yes, IRS's right of redemption is still extant as long as they are owed any money after the overbid distribution has been made.

: : : Yes, the winning bidder has to be concerned that IRS might exercise their Right of Redemption.

: : So even if the tax lien is paid off, the IRS can still redem the property. On what basis? The lien has been satisfied!

: : Mer

: Mer:

: You missed a key portion of Ward's reply, "AS LONG as the IRS is owed money." Go back and reread it. He is correct.

: Bill H



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