If my father has a federal tax lien on his name, can he sign property over to me and, if so, what documents do we need?

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If my father has a federal tax lien on his name, can he sign property over to me and, if so, what documents do we need?

Father has a federal tax Llen on his name; was told they don’t apply it to property. He aslo owes back real estate taxes that I’m willing to pay for ownership.

Asked on May 24, 2012 under Real Estate Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the lien has not appeared on his home, have him quit claim the property to you. This is going to be the best solution for you. However, you may wish to go over the real estate taxes owed and the federal taxes to ensure no lien has been placed on the home and that no other existing mortgage is owed. If he transfers property to you as a quite claim, it may accelerate any exisiting mortgage and make it due in whole immediately.


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