Would I have trouble selling/getting title insurance for my property? Commonwealth of PA

Long story short this property was bought when we were married jointly, then I moved out and we got a divorce. She claimed she could pay the mortgage alone so divorce decree did not address the mortgage nor the property. In the last year she fell behind in all her bills, and the irs put a lien on the property and she stopped paying the mortgage.

Then she told me that she left the country, leaving the property abandoned as it had been sent to foreclosure and needing tons of work. She agreed to sign a quit claim deed to me for no consideration. I drafted the QCD and triple checked to make sure there were no errors in the title description and she signed and notarized it online and emailed it to me. I then recorded it immediately with no problem.

I have since paid the reinstatement fee and got the mortgage current. I have also fixed up the lien situation so there are no liens other than the mortgage. My issue and question are whether I can sell the property considering the QCD. It was property notarized with a notary registered with the commonwealth of PA and there are no issues with it.

Wrt consideration I have taken over all the remaining mortgage payment, had to pay 30k to reinstate and I also took half the property with the irs lien attached to it then.

I am asking whether a title insurance would insure this in the future? My ex only agreed to qcd this to me because they thought the property was worthless considering the foreclosure proceedings and the insane amount of irs lien, thinking that I would not be able to fix it up. I doubt that she would sign anything else after learning that the property is not saved.

Thanks

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u/Sea_Finding2061 — 7 hours ago
▲ 2 r/tax

IRS approved my Certificate of Non-Attachment for my house that I owned jointly previously with my ex. what happens now?

I'm looking for some insight from anyone familiar with IRS liens or real estate.

My ex incurred a large IRS tax debt (about $100,000), and the IRS filed a Notice of Federal Tax Lien against him. We previously owned a house together, and after our divorce he executed a quitclaim deed transferring his interest in the house to me, abandoning the property as it was entering foreclosure. I am not personally liable for his tax debt. The lien was placed after our divorce and before the quit claim deed was notarized and recorded.

I applied to the IRS for a Certificate of Non-Attachment of Federal Tax Lien under IRC § 6325(e), and I just received a letter saying my application was approved. The attached Form 669-N states that the federal tax lien did not attach, and does not now attach, to my separate property at the house and that I'm not liable for the tax and that I should take it to my county's recorder.

My questions are:

  • Once I record this certificate with the county, what practical effect does it have?
  • Will title companies generally treat the property as free from that IRS lien?
  • Does this mean the IRS can no longer assert that its lien attaches to my interest in the house, or could they still challenge it later under some other legal theory?
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u/Sea_Finding2061 — 3 days ago
▲ 0 r/IRS

IRS approved my Certificate of Non-Attachment for my house that I owned jointly previously with my ex. what happens now?

I'm looking for some insight from anyone familiar with IRS liens or real estate.

My ex incurred a large IRS tax debt (about $100,000), and the IRS filed a Notice of Federal Tax Lien against him. We previously owned a house together, and after our divorce he executed a quitclaim deed transferring his interest in the house to me, abandoning the property as it was entering foreclosure. I am not personally liable for his tax debt. The lien was placed after our divorce and before the quit claim deed was notarized and recorded.

I applied to the IRS for a Certificate of Non-Attachment of Federal Tax Lien under IRC § 6325(e), and I just received a letter saying my application was approved. The attached Form 669-N states that the federal tax lien did not attach, and does not now attach, to my separate property at the house and that I'm not liable for the tax and that I should take it to my county's recorder.

My questions are:

  • Once I record this certificate with the county, what practical effect does it have?
  • Will title companies generally treat the property as free from that IRS lien?
  • Does this mean the IRS can no longer assert that its lien attaches to my interest in the house, or could they still challenge it later under some other legal theory?
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u/Sea_Finding2061 — 3 days ago

How long until mortgage is reinstated/foreclosure stopped in PA after lender sends case to attorney

Long story short due to marital problems the mortgage wasn’t paid for 11 months, the bank sent it to foreclosure attorney late April. I requested the reinstatement sometime before mid-may and I got the reinstatement quote on Monday of last week.

I immediately wired the entire amount, including the attorney fee which other than the late fees was around 600 dollars. I got notice that the funds were being processed on Thursday of this week, but when I spoke both to the bank they said foreclosure is still happening, even though the lender can see in their system that the attorney received full payment.

My questions are can the bank still continue with foreclosure even though the full reinstatement was paid? How long does it take for the online system to allow payments to be processed normally for future payments? Do you foresee any issues so far? Should I be worried that they’re going to add more fees because they still haven’t stopped foreclosure?

I also don’t think a foreclosure case was filed because PA is a judicial state and I did not see a case on our public case search and there were no complaint fee charged on the itemized list of payments on the reinstatement quote.

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u/Sea_Finding2061 — 1 month ago

How long until mortgage is reinstated/foreclosure stopped.

This is PA.

Long story short due to marital problems the mortgage wasn’t paid for 11 months, the bank sent it to foreclosure attorney late April. I requested the reinstatement sometime before mid-may and I got the reinstatement quote on Monday of last week.

I immediately wired the entire amount, including the attorney fee which other than the late fees was around 600 dollars. I got notice that the funds were being processed on Thursday of this week, but when I spoke both to the bank they said foreclosure is still happening, even though the lender can see in their system that the attorney received full payment.

My questions are can the bank still continue with foreclosure even though the full reinstatement was paid? How long does it take for the online system to allow payments to be processed normally for future payments? Do you foresee any issues so far? Should I be worried that they’re going to add more fees because they still haven’t stopped foreclosure?

I also don’t think a foreclosure case was filed because PA is a judicial state and I did not see a case on our public case search and there were no complaint fee charged on the itemized list of payments on the reinstatement quote.

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u/Sea_Finding2061 — 1 month ago
▲ 4 r/IRS

IRS tax lien on my property traveled from quitclaim deed

I’m in Pennsylvania and trying to understand the risk surrounding a quitclaim deed, an IRS lien tied to my ex.

Facts:
House was originally jointly owned by me and my ex purchased during marriage.

There is a mortgage still in place and foreclosure was filed recently, but no sheriff sale date yet. Because he was living there he agreed to pay the mortgage. He stopped paying and quit claimed the deed to me for nominal value and my plan is now to move in and pay the mortgage.

My ex signed a quitclaim deed transferring their interest to me, and it was recorded. I am in the process of paying the reinstatement fee to have the loan active again.

My ex still remains on the mortgage/note and we have no plans on removing them.

There is an IRS lien of about $65k tied to my ex that the IRS put a lien on the property.
The IRS lien have existed before the quitclaim deed filed this year. I’m trying to reinstate the mortgage and keep the property

My questions:

If I work out an installment agreement or settlement with the IRS, does that generally reduce the likelihood of the IRS caring about the quitclaim transfer? How can I workout a plan with the irs when debt it’s not under my name. I realize the lien is on the property but what are my options regarding that.

Since my ex no longer owns the property, would future IRS tax liens for new tax debt normally still attach to the house?
In practice, do IRS liens on primary residences usually just sit there until refinance/sale, or do people actually see forced sales often?

Please does anyone have any opinions as to what is going to happen?

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u/Sea_Finding2061 — 2 months ago
▲ 8 r/tax

Foreclosure, IRS TAX lien and future concerns

I’m in Pennsylvania and trying to understand the risk surrounding a quitclaim deed, an IRS lien tied to my ex, and a hypothetical future bankruptcy.

Facts:
House was originally jointly owned by me and my ex purchased during marriage.

There is a mortgage still in place and foreclosure was filed recently, but no sheriff sale date yet. Because he was living there he agreed to pay the mortgage. He stopped paying and quit claimed the deed to me for nominal value and my plan is now to move in and pay the mortgage.

My ex signed a quitclaim deed transferring their interest to me, and it was recorded. I am in the process of paying the reinstatement fee to have the loan active again.

My ex still remains on the mortgage/note and we have no plans on removing them.

There is an IRS lien of about $65k tied to my ex that the IRS put a lien on the property. There is also a small judgment (~$4k) against him personally (relevant for hypothetical bankruptcy.)
The IRS lien have existed before the quitclaim deed filed this year.
I’m trying to reinstate the mortgage and keep the property
My questions:
If my ex hypothetically filed Chapter 7 bankruptcy in the future, how likely is it that a trustee would try to avoid/set aside the quitclaim deed as a fraudulent transfer?

Does the existence of the mortgage + IRS lien reduce the chance of a trustee pursuing the property if there isn’t much equity?

If a trustee did challenge the transfer, are settlements/payment plans with the trustee common instead of actually forcing a sale?

If I work out an installment agreement or settlement with the IRS, does that generally reduce the likelihood of the IRS caring about the quitclaim transfer? How can I workout a plan with the irs when debt it’s not under my name. I realize the lien is on the property but what are my options regarding that.

Since my ex no longer owns the property, would future IRS tax liens for new tax debt normally still attach to the house?
In practice, do IRS liens on primary residences usually just sit there until refinance/sale, or do people actually see forced sales often?

P.s. the reinstatement is 30k and the lien is 65k, which is much more than my exes equity. My point is the deed transfer wasn’t really nominal since I’m planning on paying 95k to keep the property.

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u/Sea_Finding2061 — 2 months ago