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Updated about 11 years ago on . Most recent reply presented by

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Robert Steele
  • Investor
  • Lucas, TX
351
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618
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Judgement sale and IRS

Robert Steele
  • Investor
  • Lucas, TX
Posted

Chase (the mortgage holder) took a homeowner to court and got a judgement against them (for what specifically it doesn't say) for more than the loan amount. So they are selling the house at a Sheriffs sale. I am not sure why they just didn't foreclose but maybe it has something to do with the IRS, and everyone else under the sun, being named as a defendant.

I don't know if this is just a cover all bases move or is their an IRS lien out there somewhere.

So how to figure out how much this guy owes the IRS? There is no lien filed by the IRS against the property in the public records. Do IRS liens attach to the property specifically or all assets? How long is the governments right of redemption? What risks are involved?

I'd appreciate anyone with any experience with this chiming in. Thanks.

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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
8,349
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13,452
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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
Replied

The judgment could be either to recover a deficiency or to go after the owner on a personal guarantee - both of those would have involved some other loan. Or maybe the residence was pledged as additional collateral. But I suggest you first discover and understand what preceded the judgment.

The numbers don't sound great BTW IMO. Especially if the bank believes they can recover anything from this.

Aren't there some specific instances where the foreclosure would have to be pursued in a judicial manner in your state?

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