Wrong Lien placement

[Naveen Mohan from New York]

I have run into a problem and I do not know how to take care of it.

I have let a client use my mailing address for his government correspondence because he claimed his staff keep losing the mail.

He got audited last year and he owes $ 60,000 in back tax, interest and penalties which he has not paid yet.

Today I got a certified letter from IRS placing lien on MY house because my house address was his mailing address in this instance.

I have tried calling the phone number on the IRS letter but IRS system put me on hold. I was on hold for 40 minutes and nothing happened.

How do I get IRS to remove lien on my house since I am not the responsible party in this case.

Thanks for your help.

 

Naveen Mohan   

[Lynn EA USTCP in Louisiana]

IRS has a centralized lien unit, https://www.irs.gov/pub/irs-pdf/p1468.pdf. Their phone number and address are on page 2 .

hope this helps, lynn 

[Catherine]

If not, call the Taxpayer Advocate and have them place a 911 emergency help on your account.

[Catherine]

And GOOD LUCK to you, Naveen!  How unutterably nasty for you - and how unforgivably STUPID for the IRS to lien the wrong property.

[BulldogTom]

What if he was a renter at that property? 

Something seems out of place here.  Even for the IRS, this level of stupidity is unusual.  They had to check the title of the property they are putting a lien on.

Tom
Newark, CA

[Catherine]

7 hours ago, BulldogTom said:

They had to check the title of the property they are putting a lien on.

Change "had to" to "were supposed to" and you have it.  But they didn't, they screwed up, and because it was their screw-up, they will be even more recalcitrant than usual about fixing it.

[Max W]

Wait a minute! Everyone is jumping to conclusions without considering two things.  1. If a lien had been recorded on Naveen's home, the misfiling could have occurred at the county recorder's office.  2. Tax liens do not not attach to a specific property, but to All properties in the county of filing, And to any future properties.  

A lien attaches to all of your assets (such as property, securities, vehicles) and to future assets acquired during the duration of the lien.  Liens on business also attach to accounts receivables.

The lien notice went to Naveen's address, because that was the last address of record. If the address were a PO Box it would not mean that the PO Building had a lien on it.  Naveen should check with her county recorder just to be sure under whose name the lien was filed.

[Naveen Mohan from New York]

To further compound the problem is the fact that IRS has sent Lien notice to the wrong county. My zip code Straddle two county. Rensselaer County and Washington County. Our post office is in the Rensselaer County but my house is across the River in Washington County. IRS lien notice carry my house address but their lien notice is address to Rensselaer County so I am not even sure where to begin my work. 

[FDNY]

This is totally discombobulated.  Taxpayer is not on title so this should be easily (sorry, maybe not so easily, I forgot who we are dealing with) corrected.  No one is attaching your house, once the facts are out, but this is their first attempt at getting their 60K.

[Richcpaman]

Naveen:

1. Don't use the business address anymore for ANYONE.

2. Get a PO Box so that any info goes to the PO Box.

3. If you use your address, make sure it always says "In Care Of"

4. If he was audited, use your POA and tell the Auditor to FIX it.  Give the Auditor the correct address.

5. Get another big check from your client....

RIch

[Cathy]

Is the letter you are referring to your initial letter before the lien is placed (30 days prior to if memory serves me correctly)?  If so, take a deep breath as you have time to make sure your house won't be considered in the lien.  First thing I would do would be to make eye to eye contact with the person who is in charge of legal documents such as mortgages, etc.  That person is called the Clerk of Court in Louisiana.  Anyway, go to the proper County that your home is domiciled in and get with the head knocker.  Don't even give the other County a second thought.  How are they going to put a lien on property when it's not even located in their County?

 

The person in charge in your County can put a flag on you property if he/she even feels like it's necessary, but I'm willing to bet you will be told you have nothing to worry about!

 

I would be extremely amazed if your property already has a lien from IRS on it, but go and visit your County's office IN PERSON so you will know all is ok!!

 

Take care!