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Ares
26th August 2011, 08:45 AM
I am not making this up. Hat tip reader Deontos.

Here is the high level story: JP Morgan Chase and Northwest Trust foreclosed on a property in Hillsboro, Oregon. Treasury (more accurately, the IRS) has a tax lien on the property.

So this is pretty cheeky. The plaintiffs didn’t notify the IRS, who they claim was an existing junior lien holder, of the “sale”. Query what the IRS’s status is given the failure to give notice. So does JP Morgan want to own up to its error and pay the lien? Noooooo. THEY WANT TO FORECLOSE ON THE US GOVERNMENT. They are asking for the IRS to act in 30 days or go bye bye.

The compliant is silent on how the tax lien came about, but I thought as a general rule that tax liens were senior to mortgages. Reader input welcome.

Link to original story --> http://www.nakedcapitalism.com/2011/08/jp-morgan-is-foreclosing-on-the-us-treasury.html

Link to Scribe document detailing the foreclosure paperwork-->http://www.scribd.com/doc/63182477/JP-Morgan-Chase-v-Treasury

palani
26th August 2011, 10:01 AM
Tax liens require a court order. All the IRS deals with is Notice of Lien. They make these things up as in pull figures out of the air (or other dark moist spaces). The county then erroneously treats these as actual liens and processes them accordingly.

If anyone knows of a court ordered IRS lien I would be interested in the details.