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IRS Leins and Prior Notification by Trustee

Posted by Mark H. on May 02, 2008 at 9:03 PM

Recently I have noted a few properities with IRS Leins. Of course, if the Lein was filed after the foreclosuing deed of trust and the property is foreclosed upon and the IRS is notified, then the IRS has the option of taking the property back in 120 days after trustee sale. And the buyer will be repaid.

HOWEVER, what if the trustee failed to notify the IRS prior to the foreclosure sale? Will the property merely retain the lein OR will the IRS take the property back from the buyer and NOT reimburse the buyer?

And how hard is it to get the trustee to verify if they (or if they did not)send the required pre-forclosure letter to the IRS?


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