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Tax Lien vs Child Support Lien

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haegrrl

Junior Member
What is the name of your state? Texas

Hello, Can someone please explain how is it that a child support lien cannot collect from the sell of a homestead home but the IRS can?
Myself and Uncle Sam had a judgement lien on the seller of the home. Mine was $15,000 (cs arrears) and Uncle Sam's was for $5500.00 (tax fraud).
I was instructed by my attorney that I had to release my judgement lien on the property due to the fact that is was a homestead. However, Uncle Sam received his money 2 weeks later!

I mean seriously is our government basically saying: "Yes, single parents, we know that you need your child support money but you can't take it from a homestead because of the owner's low income but we can!"

Thank you
 


nextwife

Senior Member
If there had been sufficient equity, you both would nave been paid, I presume. Sounds as though there was not enough proceeds for both liens to be paid off, and in order for the IRS to collect, the transaction needed to close and the REAL ESTATE released from the liens. That is so the sale could proceed, else no funds to anyone would have been paid.
 

haegrrl

Junior Member
He made $13,000 off of his home. I could have gotten the remainder once Uncle Sam took his, but again I had to release my lien on his property because it was a homestead and was not allowed to collect but the IRS could.

Even John Gotti wasn't this iniquitous!
 
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LdiJ

Senior Member
haegrrl said:
He made $13,000 off of his home. I could have gotten the remainder once Uncle Sam took his, but again I had to release my lien on his property because it was a homestead and was not allowed to collect but the IRS could.

Even John Gotti wasn't this iniquitous!
Could you be forgetting about realtor commissions and closing costs? What he owed the IRS and those could have easily eaten up the entire 13,000.
 

haegrrl

Junior Member
No, I am not forgetting about anything. Are you all lawyers?! The bottom line is that people out side of the IRS cannot collect on a homestead home in Texas. It doesn't matter if he made $50,000 on the sale of his home, I still would not have gotten a dime! I knew that! I just wanted a justification as to why the IRS can but other people who have liens on a homestead cannot. Dang!
 

LdiJ

Senior Member
haegrrl said:
No, I am not forgetting about anything. Are you all lawyers?! The bottom line is that people out side of the IRS cannot collect on a homestead home in Texas. It doesn't matter if he made $50,000 on the sale of his home, I still would not have gotten a dime! I knew that! I just wanted a justification as to why the IRS can but other people who have liens on a homestead cannot. Dang!
No, I am not an attorney, I am an accountant. That is why I mentioned the things that I mentioned. The IRS ALWAYS comes first and they are always going to get the first "slice" of any available pie.

However I also know that you are not privy to the details of the sale of his home. I also know that 13,000 in equity does not translate into 13,000 of net proceeds when all is said and done.

If your attorney told you that you had to release the lien, then you had to release it....it means that there wasn't anything left over after the IRS got their share.
 

haegrrl

Junior Member
You are incorrect all the way around. I do have privy to the sale of the home information because in Texas it's open records and I have access to the documentation and transactions that took place (including the IRS tax lien) and I have even spoken with the Title Closing Officer of the home.

Once again, there was money left over that I could have gotten but because his home was a HOMESTEAD, I could not collect on it. Apparently with a homestead home only the IRS can. I just wanted to know why. I didn't know non-Attorney's could give advice on this website. Especially when they are not familiar with the law in question.
 

Hisbabygirl77

Senior Member
If you want to talk to a lawyer scroll up to the top but your going to have to pay. There are lawyers who post on here but most are not they just speak from experience so instead of being snooty why dont you say thank you for those who took the time to try and help you.
 

haegrrl

Junior Member
I'm not being snooty at all. I asked a why question? Not a "well there may not have been sufficient money...yada yada yada question."

If you don't know the why then don't reply.

bulldog answered the question simple and direct.
 

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