What to do about a federal tax lien?
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What to do about a federal tax lien?
I am currently unemployed and homeless. I do owe the IRS back taxes. I have received a letter from the IRS informing me that a tax lien is being placed on property owned by my mother. It would seem that the IRS believes that the property is owned by me. They have arranged a CDP hearing on 1//15/11 to discuss the reasons I disagree with the collection action. Any advice?
Asked on January 21, 2011 under Bankruptcy Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the property is owned by you, they can place a lien on it. If it is not owned by you, they cannot--no one can have their property liened for a debt which is not their own. Therefore, if the property is owned by your mother and not you, you need to prove that. Gather all the evidence that it's NOT your property and is owned only by your mother: title and deed; the initial contract of sale when she bought it; if she inherited it, documents relating to that; any mortgage paperwork; property tax paperwork; go to the county clerk's office and get how it's listed there; etc. You want to thoroughly prove that it is not your property. Bring your mother to the meeting, too. Good luck.
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