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Judicial Liens and Tax Liens

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According to the IRS, the tax sale was a judicial sale under 26 USC Section 7425(a), and the county failed to comply with the requirements set forth in Section 7425(a) to divest the federal tax liens.

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Judicial liens are a matter of public record, and anyone can find out if any such liens exist on real estate by searching county and court records, either on their own or using a title company. A title search is the most ironclad way to ensure that any and all judgment liens are found.

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Judgment Liens Arise As a Result of a Lawsuit. A judicial lien is created when a court grants a creditor an interest in the debtor’s property, after a court judgment. Judgment liens can arise in a wide variety of circumstances–basically, any incident that can land you in court can end up generating a judgment lien.

A judicial lien (like a judgment or a garnishment), or A non possessory, nonpurchase money security interest in household goods or tools of the trade. Tax liens ( which are statutory liens , not judicial liens) aren’t avoidable in Chapter 7 even if they impair exemptions; tax liens can be avoided in Chapter 13 to the extent the lien is greater than the asset’s value.

Tax lien auctions are conducted on the steps of the county courthouse the first Tuesday of the month. In Georgia, there are two types of tax lien sales: non-judicial and judicial tax sales. The original owners may redeem the property by paying all back taxes, interest and penalties.

If you’re experienced in the real estate trade, you’ve probably heard the occasional reference to Tax Lien and Tax Deed Investing. It’s a niche that has the potential to be insanely profitable and it has provided a lot of big breaks for investors around the country. It’s a solid, time-tested approach that has made a lot of money for a lot of people, but I still have my issues with it.

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Generally, the IRS lien has priority, except as provided by 28 U.S.C. Section 6323. There is significant well-developed case law concerning the priority of those federal tax liens. See the above-mentioned blog post. Ohio and other states have developed their own administrative procedure for creating income tax liens.