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Updated over 5 years ago on . Most recent reply

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Superior Liens - Do tax liens trump all other liens?

Praveen Cherian
Posted

Does anyone here have any experience with buying a note where the IRS and the state of Michigan (or any state) and the county have placed liens on the property for non payment of Federal, State and city property taxes respectively? Do any of these tax liens automatically become superior to the financing (note) lien? Any thoughts? Thanks in advance

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

@Michael Ablan @Praveen Cherian An IRS lien does Not trump all other liens....it ranks the same as any other lien, “first in time, first in line”.  The IRS does however have the right to redeem (pay the buyer off and take title) for 120 days after notice of the sale, but almost Never happens...so, no real risk with an IRS lien that was placed After a recorded mortgage.  The assignment/sale of the note does not affect this at all...superiority is established by the original recording of the mortgage, not an assignment.

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