IRS Tax Lien on Your House: What Happens and What You Can Do
IRS Tax Lien on Your House: What Happens and What You Can Do
I spent years as an IRS revenue officer, and I saw the panic on homeowners' faces when they discovered the IRS had filed a lien against their property. Let me walk you through exactly what this means for you and what options you have.
What Happens When the IRS Files a Lien on Your House
First, let's be clear about what actually happens. When you owe taxes and don't pay after the IRS sends notices, they file a Notice of Federal Tax Lien (NFTL) with your county recorder's office. This is a public document that tells the world the IRS has a legal claim against your property.
The lien doesn't mean the IRS is taking your house tomorrow. What it does mean is that the government has staked its claim on your property as collateral for your tax debt. The lien attaches to all your current and future property—your house, your car, your bank accounts, even property you acquire after the lien is filed.
Here's what changes immediately: Your credit takes a serious hit. The lien shows up on credit reports and can drop your score significantly. You'll have trouble getting approved for loans or credit cards. And if you're planning to sell or refinance your home, you're about to hit some serious roadblocks.
Can You Sell Your House With an IRS Lien?
Yes, but it's complicated. I've worked with countless homeowners through this process, and here's what happens.
When you try to sell your home, the title company will discover the lien during their title search. They cannot issue clear title until that lien is addressed. The IRS has first position on any proceeds from the sale—meaning they get paid before you do.
In most cases, the IRS will allow the sale to proceed, but they'll require the tax debt to be paid from the closing proceeds. If you have $150,000 in equity and owe the IRS $50,000, the IRS gets their $50,000 at closing, and you walk away with $100,000 (minus other closing costs).
The title company won't close without IRS approval. I've seen deals fall apart because sellers didn't address the lien early enough in the process.
Can You Refinance With an IRS Lien? Lien Subordination Explained
Refinancing with an IRS lien is even trickier than selling, but it's possible through something called lien subordination.
When you refinance, the new lender wants first position—meaning if you default, they get paid first. But the IRS already has that first position. Subordination is when the IRS agrees to move behind the new lender in priority.
The IRS will consider subordination if it's in their best interest. For example, if refinancing helps you afford your tax payment plan, or if it increases the equity they could collect from, they might approve it.
You'll need to file Form 14134 and provide detailed financial information. The process takes 45-60 days minimum, so start early. From my experience, the IRS approves subordination in about 60% of cases where the numbers make sense.
Lien Discharge: Removing the Lien From a Specific Property
A discharge is different from subordination. With a discharge, the IRS removes the lien from a specific property completely.
This typically happens in three situations: First, when you're selling property and the sale proceeds will go to the IRS. Second, when the property has no equity and removing the lien helps you refinance to pay the IRS. Third, when the property's value is more than the debt, and releasing it doesn't harm the IRS's ability to collect.
You'll file Form 14135 for a discharge. I've processed these before—they require solid documentation showing why removing the lien serves the government's interest. The key is proving the IRS isn't losing anything by releasing their claim.
What Happens If You Ignore the Lien: Levy and Seizure Timeline
Ignoring an IRS lien is the worst move you can make. I've seized property before, and it's never pleasant for anyone involved.
Here's the typical timeline: The lien is the first step. If you continue ignoring notices, the IRS can issue a levy—actually seizing your bank accounts, wages, or other assets. They can also seize and sell your house, though this is rare and only happens when other collection efforts fail.
From lien to levy typically takes 6-12 months of continued non-response. Property seizure usually happens 18-24 months after the lien, and only when the equity justifies the expense of seizure and sale.
Don't wait. The earlier you act, the more options you have.
Your Options for Dealing With an IRS Lien
You have several paths forward:
Pay in Full: The lien releases within 30 days of full payment. Simple but not always possible.
Offer in Compromise (OIC): Settle your debt for less than you owe. If accepted, the lien releases when you complete payment terms.
Installment Agreement: Set up monthly payments. The lien stays in place but won't progress to levy if you stay current. Once you pay off the balance, the lien releases.
Subordination: Keep the lien but move it behind another creditor to enable refinancing.
Discharge: Remove the lien from specific property to enable a sale or refinance.
Each situation is different. What worked for one taxpayer I helped might not work for you.
Results vary based on individual circumstances and IRS policies. No outcome is guaranteed.
Get Professional Help Today
An IRS lien on your house is serious, but it's not hopeless. I've helped taxpayers navigate these situations hundreds of times, and there's almost always a workable solution.
Don't face the IRS alone. Visit taxcasereview.org for a free case review or call (561) 247-0678 today. The sooner you act, the more options you'll have.
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