I am in the process of refinancing my house. I went to the County's Register of Deeds office a couple of weeks ago to see if there were any liens on my property, other than my first mortgage. My husband has a bunch of judgments against him, and I wanted to be sure none of the creditors had filed against our jointly owned home. No judgment liens, but a state tax lien was found. It was filed against my husband's former business. it failed in 2001, and the state filed a lien in August 2002 for $45.00. With interest, etc,. it is now about $260. But, he never recevied notification of it, and all our income taxes are in line, and we have been receiving refunds from the state for the last 15 years. They apparently don't cross referenced their files. Anyway, I checked our state statutes and state tax liens are valid for 10 years, and can be continued if a continuation statement is filed prior to the expiration of the originally filed lien. The tax lien was filed August 21, 2002. I just checked with the County Register of Deeds again and they state no continuation was filed. I will write a letter to the State Dept of Revenue disputing the validity of this lien, as the lien has expired and was not continued. I need to know if I will wake a sleeping giant or not. I called the Dept of Revenue when I found out about the lien (2 weeks ago) and they called my husband back yesterday and basically said we owe the money, so shut up and pay it! He was not notified (as required by statute) and when we refinanced back in 2009,it did not show up on the title report. I'd like to have it removed for avoid future issues. if I write a letter to the Dept of REvenue, is there language I can use that will bar them for filing a continuance now? I don't trust any government entity, so will send a certified letter disputing the validity of the lien but want to cover myself so they don't file a continuance or new lien. Any suggestions, ideas, etc?? I haven't received the title report that my lender ordered 2 weeks ago, but want to be able to respond to it if this lien shows up after all.
thanks everyone!
