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Updated about 16 years ago, 11/07/2008

User Stats

1,002
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1,043
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Owen Dashner
Pro Member
  • Lender
  • Omaha, NE
1,043
Votes |
1,002
Posts

Pre-Foreclosure Deal with IRS lien - Advice?

Owen Dashner
Pro Member
  • Lender
  • Omaha, NE
Posted

I met with a guy this morning who is one month away from foreclosure auction. He has a crappy ARM loan from 2000 that he owes about $35K on at 11.95%. He also has a garbage assessment lien for $195, a lien from Capital One collections for $1300, and two IRS liens for roughly $8,500. So in total he has roughly $45K in liens on the property. He is basically willing to walk away from the property if someone will take care of the liens. He has had a really rough year and is not able to work due to a disability.

So I'm wondering how to make a deal out of this. The biggest stumbling block for me is the IRS liens for $8,500. Is there any way to negotiate with the IRS so they would take a lesser amount? An $8,000 swing makes a huge difference on this deal...

Is a short sale a possibility here, assuming I provided the first lender with the proper hardship letter, purchase agreement, list of needed repairs, etc.? And if the purchase agreement is for less than the balance of the first mortgage (and the lender accepts), would I just go to closing with the agreed upon payoff amount to the 1st lender, as well as the amounts owed to the other lienholders?

Any advice is appreciated!

  • Owen Dashner
  • User Stats

    173
    Posts
    16
    Votes
    Calvin N.
    • Georgia
    16
    Votes |
    173
    Posts
    Calvin N.
    • Georgia
    Replied

    Owen, What is the property worth? Give us that information and we may be able to help more in answering the short sale question.

    User Stats

    1,002
    Posts
    1,043
    Votes
    Owen Dashner
    Pro Member
    • Lender
    • Omaha, NE
    1,043
    Votes |
    1,002
    Posts
    Owen Dashner
    Pro Member
    • Lender
    • Omaha, NE
    Replied

    Thanks Calvin- the property is worth approximately $55K.

  • Owen Dashner
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    User Stats

    792
    Posts
    30
    Votes
    Dave P.
    • Real Estate Consultant
    30
    Votes |
    792
    Posts
    Dave P.
    • Real Estate Consultant
    Replied

    Sounds like a lot of work for a tiny profit.

    The IRS may take an offer in compromise for less than $8500, but that would have to be negotiated by the borrower.

    User Stats

    2,873
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    690
    Votes
    James Hiddle
    • Altus, OK
    690
    Votes |
    2,873
    Posts
    James Hiddle
    • Altus, OK
    Replied

    Not worth it IMHO there are better deals and dealing with the IRS is like pulling your own teeth so I would find another deal.

    User Stats

    1,002
    Posts
    1,043
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    Owen Dashner
    Pro Member
    • Lender
    • Omaha, NE
    1,043
    Votes |
    1,002
    Posts
    Owen Dashner
    Pro Member
    • Lender
    • Omaha, NE
    Replied

    OK, but lets assume that there is sufficient equity/upside to the deal so that I know what to do for next time...

    Thanks

  • Owen Dashner
  • User Stats

    12
    Posts
    0
    Votes
    Suzi Clue
    • Residential Real Estate Agent
    • California
    0
    Votes |
    12
    Posts
    Suzi Clue
    • Residential Real Estate Agent
    • California
    Replied

    IRS IS the ENEMY!! stay away from them..