Refinance house with tax liens

[momxthree]

What is the name of your state? Louisiana

I posted this in Tax Law but I'm thinking maybe it is more appropriate here.
Background: Divorced, property not settled right away. Now, trying to refinance home in my name only. Pull title and there are liens on the title for my ex husband for years after the divorce (he has not filed or paid taxes). I recently got a judgement for back child support and the arrears are to be taken out of his share of equity. ( Of course my judgement was filed after theirs...)
Can I refinance, get my equity plus what he owes me for child support and put the remainder in Escrow for him to deal with, with the IRS?
I am currently trying work with the Tax Advocate program. But not having much success. No one wants to help me (at the IRS or even Tax attorney's because I am not 'The Taxpayer'.. but he will not take care of it and is 'on the run'.)
Any help is appreciated!!!

 

[nextwife]

What is the name of your state? Louisiana

I posted this in Tax Law but I'm thinking maybe it is more appropriate here.
Background: Divorced, property not settled right away. Now, trying to refinance home in my name only. Pull title and there are liens on the title for my ex husband for years after the divorce (he has not filed or paid taxes). I recently got a judgement for back child support and the arrears are to be taken out of his share of equity. ( Of course my judgement was filed after theirs...)
Can I refinance, get my equity plus what he owes me for child support and put the remainder in Escrow for him to deal with, with the IRS?
I am currently trying work with the Tax Advocate program. But not having much success. No one wants to help me (at the IRS or even Tax attorney's because I am not 'The Taxpayer'.. but he will not take care of it and is 'on the run'.)
Any help is appreciated!!!

The lien priority will determine what a title company will allow in insuring the lender's mortgage priority. Any liens/judgements/mortgages that appear of record in front of the new mortgage needs to be released before that new mortgage will be in "first" position.

And yes, as long as a party remains on title any tax liens or judgements against them can attach to their real property.

Is there sufficient equity to pay off all matters of record in full (including interest and penalties) and obtain releases from the creditors? If there is sufficient equity in his interest, the title company MIGHT agree to an escrow of 1 1/2 times the anticipated payoff amount while he completes and settles his tax liability, in order to provide affirmative coverage insuring the lender first position.

 

[momxthree]

Yes, there is sufficient equity to cover his liens but it is MINE. (Sorry... that probably sounded like a three year old!!! hahaha)
But I am thinking that your suggestion may be my only option. At least if it goes to escrow I don't have to try and get it back from him or the IRS... and since the Family Court Judge gave him ONE YEAR to clear the title so that I could get my arrears and my equity.. hopefully he will do actually do it (and I can get my equity and Child support then). Otherwise he will go to JAIL. At least I hope he will. Our last 'date' in court was his fourth CONTEMPT... the judge PROMISED him that if she saw him in there again for another contempt... he would go to jail!!! Funny... he's already in contempt again (no Child Support... AGAIN). BUT... it seems he has fallen off the face of the earth!!! I would have to spend another small fortune to track him down to serve him to even get him in front of the judge. But we are talking 60K dollars... if it were 5K..I wouldn't worry... but 60K?? My kids deserve for me to FIGHT! That is their college money!!!!

 

[nextwife]

If the title company cannot access him, and he is in title, how can you refinance?

 

[momxthree]

I don't know.
Currently there are several warrants for his arrest. I'm praying that the police will find him... but I'm not holding my breath. At our last court date... he actually showed. I called the Constables office myself and gave them the date, time and court room he would be in. The Constables office is directly across the street from the Court House. Do you think they picked him up? NOPE! I guess they wanted ME to handcuff him and walk him over!!!
Unfortunately.... I'm starting to think that I've spent the last ten years of my life raising my kids, working my butt off and paying on a mortgage only to walk away with nothing!!!
I know life isn't fair... but does it have to be cruel?? haha... don't answer that!
But thanks for your advice... I really do appreciate it.