Judicial Liens and Tax Liens

Judicial Liens. Judicial liens result from some form of court action. While state, and sometimes federal, laws often provide a basis for judicial liens and determine the property that they attach to and the procedures that must be followed to enforce judicial liens, they are not considered statutory liens because they are granted only through court action.

Chief among them is the dreaded tax lien-an official government claim to your property due to unpaid taxes. Tax liens can impact your financing options much more than your run-of-the-mill debts.

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If the lender’s lien position is superior to the irs tax lien, the foreclosure action — whether judicial or nonjudicial – discharges the property from the tax lien. An IRS federal tax lien establishes a claim against all of a taxpayer’s property as security for a tax liability, and is filed when delinquent federal taxes remain after the government has formally demanded payment.

Lenders should be aware that this notice requirement also applies in a non-judicial foreclosure by power of sale under a deed of trust if the property is subject to a federal tax lien. Furthermore, the United States also may redeem the property within 120 days after the sale.

A freshman San Joaquin Valley congressman who narrowly unseated an incumbent in November has a complicated financial history that includes multiple tax liens and a delinquent debt that caused the.

Credit Card Debt and Judicial Liens. All liens don’t come about the same way. A creditor creates a judicial lien (also called a "judgment" lien) after suing the borrower in court and getting a money judgment against the borrower. The creditor then records the judgment against the borrower’s real estate. (Usually, the money judgment gives the creditor a lien in the borrower’s personal property automatically.)

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Tax Liens A tax lien is a non judicial lien involuntarily placed against the real property of a debtor and is the result of the non payment of annual property taxes and a final judgement does not need be entered. tax liens are sold by the County Tax Collector and an annual auction is held for.