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Looking for problems that aren't yours...

Posted by Rick, the Probate Guy on December 06, 2009 at 10:32 AM

In Reply to: Foreclosures With Federal Tax Lien? posted by LarryG on December 05, 2009 at 7:47 PM

Larry, it would be highly unusual for the IRS to take ANY assertive action concerning an active non-judicial mortgage or TD foreclosure.

I don't even suspect that the agency devotes resources to connecting the dots of their liens and surplus funds, let alone t-sales without excess proceeds. My best guess is that they leave this up to the foreclosure trustees minding the statutes and following the title TSG's to the letter of the law.

Should a foreclosure occur and the IRS were somehow NOT notified, i believe the trustee would mostly likely unwind the sale and republish for a new, later sale.

In any event, this isn't your concern because even if the sale were unwound, you'd have no control over that.

I used to worry about a lot of problems that ultimely didn't come true in the future. What set me apart from many others is that I also worried about about things that did not happen in the past!

Pick your battles wisely.



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