Riverside, CA asked in Real Estate Law and Tax Law for California

Q: Hi my name is Melissa I really need help trying to find out what tax law allows a taxpayer to have a escrow company put

I am trying to get a hard money loan mortgage against my property and were about to close escrow and just found out thatI am trying to get a hard money loan mortgage against my property and were about to close escrow and just found out that there are a tax lien from IRS and state against my property I had this problem once before selling a property I live in California when we got to this problem the last time I was advised by a tax attorney that the escrow company by law had to offer me the option to put the amounts delete and were 4 into a separate escrow account and hold it there for up to by law a 180 days for me to be able to get the paperwork together and take care of the tax liens separate or if I don't owe the money be able to prove it and if I could not prove it then the escrow company would automatically released the funds to the IRS or state is that still in effect that law because I'm running into a problem with this current escrow title company saying that they don't have

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1 Lawyer Answer

A: You should really determine if you owe the money. You want to find out what tax years the lien covers. Call the IRS or State to ask for a record of your account. If you have already paid it off then fill out a lien discharge request. If you are disputing the underlying debt you can either file an audit reconsideration or in some cases file an offer in compromise doubt as to liability. If you do owe the money, then contact the IRS lien unit about paying off the balance and ask for the lien discharge. They can approve it if it will facilitate the collection of the debt.

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