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Mark · 07-22-2009, 09:32 PM

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I need help with this. State of TX filed for a lien against me in 1999 for sales and use taxes. Problem is, I never owned my own business. I only discovered this lien this year while shopping for my first home and discovered it on my credit report.

The amount owed is way more than I can simply pay off (which I shouldnt have to anyway, but I really want this house). Here are some of my questions...

1. Does the tax lien expire? Or is it still possible for them to file suit against me?
2. Can they file on my new home, purchased 12 years after this was started?
3. I now live in AR and have for last 4 years. Can they get my house here?

I need to have cited laws so that I can provide to mortgage company. Thanks for your time and hopefully someone here can help.....

Mark

skier_j · 07-24-2009, 06:59 PM

Are you saying you have NO IDEA how the lien came to be?? Are you saying it is a mistake??

If it was an error---get some professional help to get it lifted and off your credit record. I know that is a tall order when you are in the mortgage process---.

Mark · 07-24-2009, 07:08 PM

Thanks for the reply. Yes, I had NO idea about this lien until recently. Never recieved anything in the mail. Never got a phone call. nothing. Whats more odd is that I filed bankruptcy after this lien was filed for, and nothing was said about it then.

I am in the process of trying to find an attorney that can assist me, but running out of time since I am trying to close on this house by 8/17.

Any other ideas? I am at the point where I am considering trying to figure out if they will work with me on a settlement....uggghhh

skier_j · 07-28-2009, 01:25 PM

enough being nice and asking things round about to get information necessary to make a proper suggestion.

did you not pay sales taxes in the state of texas at some point in the past when you were responsible to do so??

I'm confused at you saying you would pay this on the one hand and asserting you knew nothing about it on the other.

bankruptcy does not wash away tax issues---

Mark · 07-28-2009, 04:04 PM

OK. I never owned a business in my life. Never used or applied for a sales and use permit in the state of texas. Never Never No Way No How....

My only reasoning in paying the lien amount is the purchase of my first house. There does NOT seem to be a way, that I can find, to fight this without going to court at some point. I am due to close on the house on 8/17. Time is of the essence, and filing suit or going to court is not going to be timely. Thus, if I thought it were possible, I would give up the 1300 to make this go away (probably less than I would spend on a lawyer). However, they are demanding 13K.

If you can offer a suggestion on angle to approach this, that would be great. And again, this is NOT my financial responsibility, but someone else haven stolen my identity for some purpose. Or maybe book keeping error. They cannot provide proof of my ever signing an application.....

Thanks for your help...

skier_j · 07-28-2009, 04:24 PM

Quote:

Originally Posted by Mark

OK. I never owned a business in my life. Never used or applied for a sales and use permit in the state of texas. Never Never No Way No How....

My only reasoning in paying the lien amount is the purchase of my first house. There does NOT seem to be a way, that I can find, to fight this without going to court at some point. I am due to close on the house on 8/17. Time is of the essence, and filing suit or going to court is not going to be timely. Thus, if I thought it were possible, I would give up the 1300 to make this go away (probably less than I would spend on a lawyer). However, they are demanding 13K.

If you can offer a suggestion on angle to approach this, that would be great. And again, this is NOT my financial responsibility, but someone else haven stolen my identity for some purpose. Or maybe book keeping error. They cannot provide proof of my ever signing an application.....

Thanks for your help...

Ok! Sorry for the gruff post---I have no magic wand. I needed to know if it truly was an error or not.

This is not something you will very likely get rid of between now and proposed closing.

Have you talked to your finance source about this? Even in this tough lending atmosphere, you may still be able to convince the lender to fund if you can show some ---even anecdotal proof --that this is not your liability.

Then get on the computer and file requests with all of the reporting bureaus that this is not your debt AND talk to the Texas Comptrollers office and see what -- if anything they can do for you.

You need to find out how the entry got there and start the process NOW.

One of the tasks that mortgage brokers who specialize in loans for less than stellar credit scores are very good at is getting to the source of these sort of issues and they can sometimes do wonders with truly erroneous listings in fairly short time frames. I might suggest just that route.

thast the best I can do---credit repair is really not my forte.

I will say that I use my annual free credit reports religiously.

Mark · 07-28-2009, 04:37 PM

Seriously...thanks for your input. I honestly appreciate your time. And I understood your need for clarification...even if it didnt come out in my previous post.

My current lender seems stuck. I have recently opened an app with another, explaining all this up front. The Comptroller cannot help, although the lady there really tried. They cant pull application since its been purged and can only refer me to AG office, who simply wants the entire amount.

Worst part is that 2 of the 3 removed the lien, like they should have. Stupid Equifax is the one giving me a hard time. Thing that sucks is this one entry is the ONLY thing holding me back from closing today.

Anyway, again, thanks for your time and effort. If you think of anything else, please let me know.

skier_j · 07-28-2009, 05:16 PM

Quote:

Originally Posted by Mark

Seriously...thanks for your input. I honestly appreciate your time. And I understood your need for clarification...even if it didnt come out in my previous post.

My current lender seems stuck. I have recently opened an app with another, explaining all this up front. The Comptroller cannot help, although the lady there really tried. They cant pull application since its been purged and can only refer me to AG office, who simply wants the entire amount.

Worst part is that 2 of the 3 removed the lien, like they should have. Stupid Equifax is the one giving me a hard time. Thing that sucks is this one entry is the ONLY thing holding me back from closing today.

Anyway, again, thanks for your time and effort. If you think of anything else, please let me know.

**** 2 of 3 removed and your current lender is still balking?? I would be dumping that lender in a heart beat.

Remember that there will always be another house and in most contracts, being rejected for financing is a valid reason to withdraw and not have to pay damages to the seller.

Good luck with the new lender! I know it sucks to have deadlines and I also am well aware of how tough lending has gotten.

short story. I bought (with my daughter) a forclosed house last fall, my first lender balked at something so I canned them and used equity in other property to get the deal done. then we embarked on a permenant financing journey that took from December 12 to March 27th to complete. I was in no real hurry and the only real complication was my daughter was to be the borrower ---with no credit to speak of---not bad credit, NO credit. I asked to the lender at one point---how does a first time buyer deal with this lending climate right now??? his response was "with a lot of trepidation and patience". I have no idea how you can get a deal done with time frames like that!

Good luck

wilson9975 · 08-06-2009, 12:55 PM

Quote:

Originally Posted by Mark

I need help with this. State of TX filed for a lien against me in 1999 for sales and use taxes. Problem is, I never owned my own business. I only discovered this lien this year while shopping for my first home and discovered it on my credit report.

The amount owed is way more than I can simply pay off (which I shouldnt have to anyway, but I really want this house). Here are some of my questions...

1. Does the tax lien expire? Or is it still possible for them to file suit against me?
2. Can they file on my new home, purchased 12 years after this was started?
3. I now live in AR and have for last 4 years. Can they get my house here?

I need to have cited laws so that I can provide to mortgage company. Thanks for your time and hopefully someone here can help.....

Mark

Hi,

Tax liens function differently in each state where they are available. In some places, the liens are auctioned to the investor who will accept the lowest interest rate, or to the investor who will pay the most above the value of the lien. In at least one state, the option to buy a lien is granted through a sort of lottery. Some states only sell the liens once in a year. You just need to find out exactly how they work for your area.

_______________________
Tax lien Auction

CaliforniaTaxPayer · 08-24-2009, 10:43 PM

As was stated in another response, you can take care of this with professional help. It will likely be something they can get fixed quickly for you. you give them power of attorney and they make a couple calls and if everything you say is accurate you should be able to buy that house with no problem.

I used Ameritax to sove some tax emergency problems I was having due to a divorce.

They have an article on Liens here http://www.ameritax.com/tax-help/tax-lien.html

Ayn Ananta · 01-05-2010, 06:55 AM

hi ,

I was curious.I recently inherited a property that has more unpaid taxes, penalties and interest than the land is worth. I know during these rough economic times that the property Online Tax Preparation will get auctioned off, and I figure there will be a judgment soon after for the difference of the final sale price and all the fees and expenses. I understand that part.I keep hearing conflicting details. Most focus on the credit bureaus which I understand is seven years, but then I also hear ten years.