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Originally Posted by iamfreeru2
Sara-Jane,
A federal tax lien is only a Notice of Federal Tax Lien and is never a vaild lien. This does not matter as the county recorders in most cases file it as a real lien. Here is Florida Contest of Liens have been filed to challenge the Notice of Liens, which gives the IRS 45 days to file suit to enforce it. When this is not done the counties should remove the liens for failure to prosecute, but do not stating the lien must remain until a release of lien is issued. This is crap, but this is what the counties do here. If you have a contest of lien procedure where you are you may want to try it and see what happens.
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iamfree, sara-jane, et al,
Being somewhat cynical, why would the clerk not go along with the Iinternational Ripoff Society? After all, the office of clerk has lost its original mission statement and meaning, which was to take note of, and be a county repository for the filing of documents in the public venue.
One way to get this to change, is to make an appearence before the board of commisioners (or whatever they are referred to in your locale) and put forth a motion directing that the county clerk change the name of the file to "notices of intent to levy".
Remember, "the devil is in the details" where the law is concerned. Were that not the truth, and a maxim that we all have found out one way or another, then there would be no reason for legal research, nor for boards such as this.
It is my position (subject to change) that changing the file name to "notice of intent to levy" and then charging for every copy of paper from that file at the standard rate, would not only discourage the International Ripoff Society, but also has a certain legal meaning. The International Ripoff Society, once the "lein" is filed with the county clerks office, requests a certified copy of said document, then presents it to enforcers for use. Most people think the county clerks office has certified that the "lein" is valid and legal and therfore will act upon it accordingly. What the county clerks office really certified though, is that this document does in fact exist within thier files. The county clerks office has (IMHO) no legal or lawful authority to determine the issues where the "leins" are concerned.
All of this, of course, is subject to correction and I will happily change my opinion given appropriate proof and/or cites.