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Updated over 9 years ago,
Federal Tax Lien on property - advice needed!!
Hi All:
I'm trying to help out a friend. Here is the situation. Friend...aka minority tenant in common owner is a 25% owner in an SFR in Brunswick County, NC. The other co-owner has a Federal Tax Lien levied against him. The tax lien was not levied until 2012. Both owners have owned the property since 2007 but the relationship went south prior to the tax lien being levied. The only lien against the property is (I think) a first Deed of Trust in the amount of approx. 61K which is in the minority owners name. Supposedly, the majority owner had to sign something agreeing to cooperate if the first trust is foreclosed upon. The property is currently listed above 200K and should sell VERY quickly for 180K. The IRS tax lien levied against the owner is for approx. 60K but the Clerk of Court could not verify whether the tax lien was recorded against the SFR. Short story is that the minority owner wants to extricate herself from the loan and the property and is considering allowing her 60K loan to go to foreclosure, hence ruining a lifetime of stellar credit . The deadbeat majority owner is currently impeding the sale by not allowing the property to be shown. He has no reason to allow it to be sold as he won't be able to get a loan and thus will be out on the street. What kind of attorney should my friend visit to figure out her options....real estate, bankrupcy or both? I could buy the property tomorrow and flip it if I could figure out how to get the majority owner out. Any feedback will be appreciated.