IRS lien against my name – If I sell the property will the lien have to be satisfied from the sale proceeds?

Question:

Hello. I am considering selling my rental property but I have an IRS lien against my name/SSN. However, there is no lien on the property itself. If I sell the property will the lien have to be satisfied from the sale proceeds?

 

Answer:

Hello, a tax lien is considered a “General lien” that is attached to and follows an individual until it is satisfied and/or levied against the personal property of that individual or entity. This includes real property and land. If you are selling the property and the IRS or State has not recorded the debt against the property itself, you would in most cases not have to satisfy the debt obligation prior to sale and transfer of the real estate. However, most county laws governing land and property transfer will differ from state to state. We cannot advise or provide legal advise and would urge you to research local land transfer laws or consult a local real estate attorney.

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