What position do tax liens take on a property's title?

[secondtimer]

Would a tax lien push a second mortgage out of position to make it easier to strip in a 13?

Anybody know of caselaw I could take to my attorney to get him to attempt this?

[justbroke]

What type of tax lien is this? Federal or property?

[secondtimer]

Federal.
Not levied yet.

1st 185k
2nd 40k
tax debt 12k

Unsecured non priority claims 100k and rising
No assets to speak of.
Can't do another 7 til 2012

House will appraise around 195k

Want to stay if I can emerge from 13 with a housing payment of around 1200.00. Same as rent around here for something similar.

[justbroke]

I'm assuming it's un-levied, but still a Federal Tax Lien. A Federal Tax Lien is a bit different because it encumbers all property so it's difficult to understand the impact on your mortgage. So, your furniture, your car, your camper, your bank accounts.... everything is encumbered by the federal tax lien.

So, I would say, to the extent that it is "under-secured" it has no priority. Also, a federal tax lien is not a "super lien". It would not displace properly perfected liens on real property. In other words, if the 2 mortgages were recorded before the tax liability was created... the 2 mortgages win. For "property tax" the opposite is true.

That is why I needed to know if it was federal or property. So, to answer your question... no caselaw. The only thing would have been if the federal tax lien was created (or you became liable for it) before the 2nd mortgage was recorded.

[secondtimer]

Thanks JB

I think I'm gonna just let things fall apart the rest of the way and let the TT and ATT sort things out. I'm spending way too much time trying to "figure" stuff.

cya around the forums