Geez Helen, I don't know. What do you think?

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Re: Getting partial release of an IRS lien...

Posted by Jasmin on March 19, 2004 at 10:09 AM

In Reply to: Getting partial release of an IRS lien... posted by Ward-CA- on March 19, 2004 at 9:06 AM

Ward;
Thanks for the advice. As an aside, since Kern County neglected to notify the IRS of the tax sale, would I be right in insisting that they (Kern County) pay off the IRS?

Jasmin


: : Ward;
: : One year ago I bought a lot at a Kern County tax sale. After the one year wait I have a buyer but can't give him clear title because Kern County neglected to notify IRS prior to the tax sale, and the IRS lien remains unpaid on the title. Do I have a legal case against Kern County for failing to notify IRS? If not, what can I do to complete the sale and get my profit?
: : Jasmin

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

: Jasmin,

: It's kind of tough to sue a governmental entity like a county, even if you do have a case against them.

: IRS is very negotiable in these type of cases. So look on the recorded federal tax lien and get the name of the revenue agent and her phone number. Call her up and tell her your problem and ask if you can make an "Offer In Compromise" for a Partial Release of Lien for your particular property.

: Since you're not asking for a full release you're not expected to pay the full amount of the lien. The revenue officer will fax you the necessary forms to fill out pertaining to your offer. I wouldn't start out any higher than $1,000. If that's not acceptable IRS will ask you to make another offer. In that case offer $2,000. Just go up in increments of $1,000 until she says OK.

: When they give you the Partial Release copy it and take both documents down to the Kern County Recorder's office and record the original. Get the recording clerk to conform your copy and then give it to your escrow officer when you open escrow.

: Hope this helps.



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