I got to looking at the bottom of the thread at related threads... This thread is much more succinct to the UCC-11 than the other thread
http://www.suijuris.net/forum/taxati...l-lien-32.html
and it looks like nobody had discovered the Uniform Act. I am picking this thread up for discussion.
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Originally Posted by RICKY
HI ALL:
LUCY HAS RECIEVED NOTICE OF LIENS FROM THE IRS. I RECENTLY GOT THE UCC-11 AT THE STATE LEVEL FOR LUCY. THE DOCUMENT SHOWED NOIRS LIENS PLACED ON THE TWO PROPERTIES WE OWN. WHEN I WENT TO THE COUNTY OFFICES THEY SHOWED THE LIENS PLACED AGAINST THEM. WHEN I REQUESTED REASON FOR THAT I WAS TOLD BY THE CLERK THAT THE MECHANICS LIENS ARE ALL FILED AT THE STATE LEVEL AND THE IRS LIENS ARE FILED AT THE COUNTY LEVEL. AT THAT POINT I LEFT DECIDING I NEEDED TO DO A LITTLE MORE STUDY.
I HAVE A COPY OF THE TAX TRUTH NEWSLETTER WITH THE THE MR. KINNEY STORY - "REMOVING IRS NOTICES OF LIEN WITH UCC-3 FORM."
WOULD ANYONE HAVE KNOWLEDGE IF THIS WILL BE A GOOD PATH TO FOLLOW?
THANKS,
RICKY
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http://www.law.cornell.edu/uniform/vol7.html#fedln
Uniform Federal Tax Lien Act
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WHEN I REQUESTED REASON FOR THAT I WAS TOLD BY THE CLERK THAT THE MECHANICS LIENS ARE ALL FILED AT THE STATE LEVEL AND THE IRS LIENS ARE FILED AT THE COUNTY LEVEL.
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More accurately personal NFTLs are filed with the secretary of state while real property NFTLs are filed with the county clerk and recorder. [The names of these officials may differ in different states but the clerk informed Ricky correctly.]
There is a proper method of forming a complaint in county court defined by statute. I will look into the specifics for the State of Colorado. It defines how to form an
Order to Show Cause. Ricky had discovered the NFTL was misfiled at the county level. That misconduct of the county clerk and recorder cost him dearly. It is against statute for the clerk and recorder to have done that and that removes the clerk from governmental immunity upon failure to show cause.
It saddens me that I had not noticed this thread while it was happening. We might have had a success story.
Regards,
David Merrill.