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A federal tax lien arises when the Internal Revenue Service takes administrative action to note in its records that the taxpayer owes taxes – that is to say, when the tax debt is "assessed." That lien attaches to all the taxpayer’s property and equitable rights to property as determined by relevant state law. 28 U.S.C. Section 6321.
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(Items 40-94), Item 43, Notice of Federal Tax Lien and Certificate of Release of Federal Tax Lien, Item 44, Non-Judicial Sale and Redemption.
A judgment in a civil action shall create a lien on all real property of a judgment debtor on filing a certified copy of the abstract of the judgment in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code of 1986.
Lenders should be aware that this notice requirement also applies in a non-judicial foreclosure by power of sale under a deed of trust if the property is subject to a federal tax lien. Furthermore, the United States also may redeem the property within 120 days after the sale.
A tax lien reinstated in accordance with 830 CMR 62C.50.1(8) is effective on or after the date the notice of revocation is mailed to the taxpayer at this last known address, but the reinstated lien is not effective before the filing of the notice of revocation of the certificate in the same office in which the notice of lien tax which if.
Sec. 12-172. Tax liens; precedence; enforcement. The interest of each person in each item of real estate, which has been legally set in his assessment list, shall be subject to a lien for that part of his taxes laid upon the valuation of such interest, as found in such list when finally completed, as such part may be increased by interest, fees and charges, and a lien for any obligation to.
Non-Judicial Foreclosures. To the extent provided by state law, property is discharged from the tax lien when the holder of a superior encumbrance forecloses non-judicially under IRC 7425(b)(2) and properly notices the IRS. Foreclosure by a lienholder junior to the federal tax lien does not disturb the tax lien (IRC 7425(b)(1)).
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