Federal tax lien.

Is anybody out there farmiliar with the process that the IRS uses to make you think that you actually have a federal tax lien on your house.& I have heard that they file it at the county level but not at the state level, so it isn't really valid.


I am interested in finding out the specifics of how to get the county to remove it.


Thanks,


Sara-Jane

[Jerseee]

Sara jane,

I am not sure about this but, it has not failed me yet............ask them to verify the debt according to the code.

See what happens---can't hurt to try.

Have you done a land patent yet? remember jurisdiction.

[dochand]

I have been under the impression that the NOFTL must be filed at the SOS office. All I have been able to find states that when the notice of lien is on real property, it is filed at the place designated by the SOS. This is commonly the county clerk or court where the property is located. When the notice of lien is placed on personal property, then the SOS office is where it must be filed.

Feeling a bit confused right now, especially while I have been considering the UCC - 11 and 3 process.

Any help?

Doc

[iamfreeru2]

Originally Posted by Montana

Is anybody out there farmiliar with the process that the IRS uses to make you think that you actually have a federal tax lien on your house.& I have heard that they file it at the county level but not at the state level, so it isn't really valid.


I am interested in finding out the specifics of how to get the county to remove it.


Thanks,


Sara-Jane

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.

[dadmoonbunny]

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.

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.

[dochand]

Anyone used Charles' methods of lien removal? Looks pretty good to me. He poo-poo's the UCC method. Seems he goes right at them, shows default and has it removed that way.

Check it out at his Lawmen site: http://cconces.tripod.com/

Doc

[Sweed]

Ordered up his series of letters for the county recorders....will let you know how it goes.

[dochand]

I've ordered too, Sweed.

My question, though, is if anyone has used/completed the process with any success/failure?

God Bless.

Doc