topic Re: IRS Tax Lien Withdrawal Still Public in General Credit Topics

IRS Tax Lien Withdrawal Still Public

800goal800 — Wed, 30 Mar 2022 00:00:55 GMT

I had a lien filed and subsequently withdrawn approximately 30 days later. Are the lien and the withdrawal still public if searched ( not referring to credit report ) ? I know what the withdrawal itself does, but wanting to see if it still can be found.

Re: IRS Tax Lien Withdrawal Still Public

AlmostNJ — Wed, 30 Mar 2022 01:01:06 GMT

@800goal800 wrote:
I had a lien filed and subsequently withdrawn approximately 30 days later. Are the lien and the withdrawal still public if searched ( not referring to credit report ) ? I know what the withdrawal itself does, but wanting to see if it still can be found.

The Liens are public but if you paid it off then you should be fine.

Re: IRS Tax Lien Withdrawal Still Public

800goal800 — Wed, 30 Mar 2022 01:03:29 GMT

It was withdrawn ( this could occur when paid or not and also after released ). Wondering if the withdrawal process includes the lien being removed from public view.

Re: IRS Tax Lien Withdrawal Still Public

AlmostNJ — Wed, 30 Mar 2022 01:19:46 GMT

@800goal800 wrote:
It was withdrawn ( this could occur when paid or not and also after released ). Wondering if the withdrawal process includes the lien being removed from public view.

I'm wondering why you are concerned. It won't show up in your credit report regardless.

Re: IRS Tax Lien Withdrawal Still Public

800goal800 — Wed, 30 Mar 2022 01:28:08 GMT

We are going through the mortgage process and while it doesn't show on the 3 credit reports, I'm wondering if it can show anywhere else.

Re: IRS Tax Lien Withdrawal Still Public

donkort — Wed, 30 Mar 2022 01:35:16 GMT

These people here are very smart. They believe you are fine. I would believe you are fine, too.

Even if there is a record of it, wouldn't it say that it was "withdrawn"?

But I would check into this, anyway. Just to be on the safe side.

It's very easy to verify NY State liens. I'm not sure about other liens-----but I would assume it isn't difficult because they are a matter of "public record."

Re: IRS Tax Lien Withdrawal Still Public

800goal800 — Wed, 30 Mar 2022 01:39:12 GMT

It says withdrawn and I have docs from both the irs and county where filed. I'd rather not have to deal with it so looking to see if the mortgage company can still find it...ie does withdrawn only mean the IRS is removing themselves or does it also mean withdrawn from public access.

Re: IRS Tax Lien Withdrawal Still Public

donkort — Wed, 30 Mar 2022 01:41:14 GMT

It means you don't have a lien-----that's the most important thing.

Re: IRS Tax Lien Withdrawal Still Public

donkort — Wed, 30 Mar 2022 09:42:15 GMT

Sorry for being so blunt. I can imagine your concern as you get closer to closing.

They found an old lien when I closed on my co-op in 2009. It was paid in 1997. All I had to prove--was that the lien was paid, and I was home free.

Re: IRS Tax Lien Withdrawal Still Public

FireMedic1 — Wed, 30 Mar 2022 10:15:53 GMT

Check your county records. I had a lien from the IRS. Filed with my countys court records. One of the reasons I had to file BK. Once it was paid it dissapeared from the county court records. Gone.

Re: IRS Tax Lien Withdrawal Still Public

800goal800 — Wed, 30 Mar 2022 13:00:10 GMT

@FireMedic1 I was able to go to county records in 2019 - about 2 years after - and pull both the lien filing and lien withdrawn filing. During an employee background check done via " CLEAR " , it does show both filings. I pulled a LexisNexis abd it's not there.
Really my question is should it still be there as opposed to whether I can show paid.

Re: IRS Tax Lien Withdrawal Still Public

donkort — Wed, 30 Mar 2022 13:52:36 GMT

I would call the IRS to get info on this. You can call 1-800-913-6050 for a start.

From what I read, it shouldn't be on your public record.

My (paid) lien was on my record in 2009----but it's not on my record now.

I understand your concern.

But this will not affect your eligibility for the mortgage. It didn't affect my eligibility for my mortgage because it was paid.

Re: IRS Tax Lien Withdrawal Still Public

DSTforlife — Wed, 30 Mar 2022 14:02:37 GMT

since this is a withdrawal of tax lien (and not a release), is it safe to assume the tax was not paid? Are you trying to figure out if the title company finds the withdrawal, will it cause the mortgage company to ask questions about the underlying tax? I'm guessing the mortgage company will want to know more details about the withdrawl.

If you still owe the tax, the mortgage company may want to see an installment agreement in place which will have an effect on your DTI. If you don't, they will probably just ask for a letter of explanation as to why it was withdrawn and not released. If it was paid, then you probably will just have to show proof that it was paid which you can get from your IRS account.

Point of reference: years ago, when i was building, i had a paid judgement from years before. the original judgement and the release of the judgement for being paid in full were recorded. the underwriter couldn't get the loan through because of the wording of the release. the system was looking for specific words...even though the documents were signed by the judge, notarized and noted in public records. it took a whole week for the mortgage company to clear up the issue, but they got it done. I'm guessing the wording on the public records documents may trigger other questions when it's run through the approval systems.

Re: IRS Tax Lien Withdrawal Still Public

donkort — Wed, 30 Mar 2022 14:05:14 GMT

I strongly sense that the OP has already paid the lien.

Re: IRS Tax Lien Withdrawal Still Public

DSTforlife — Wed, 30 Mar 2022 14:14:27 GMT

this is why i asked if there's still an underlying unpaid tax. A withdrawal doesn't necessarily get rid of the lien itself....

A Withdrawal of the Notice of Federal Tax Lien differs from a Certificate of Release of Federal Tax Lien and the two cannot be used for one another. A Withdrawal only removes the effect of the NFTL whereas the Certificate of Release both releases the NFTL (paper document) and extinguishes the statutory tax lien

Re: IRS Tax Lien Withdrawal Still Public

donkort — Wed, 30 Mar 2022 14:18:18 GMT

You're right about that. Absolutely true.

A "withdrawal" is certainly not a "release."

Re: IRS Tax Lien Withdrawal Still Public

800goal800 — Wed, 30 Mar 2022 14:21:31 GMT

@DSTforlife Where did you get that summary from ?

Re: IRS Tax Lien Withdrawal Still Public

DSTforlife — Wed, 30 Mar 2022 14:24:56 GMT

i don't know if i can post links, but it's on the IRS website.

Part 5. Collecting Process Chapter

12. Federal Tax Liens Section

9. Withdrawal of Notice of Federal Tax Lien

Re: IRS Tax Lien Withdrawal Still Public

800goal800 — Wed, 30 Mar 2022 14:33:11 GMT

So if a lien was withdrawn ( in theory not filed) there wouldn't be anything to release per se

Re: IRS Tax Lien Withdrawal Still Public

donkort — Wed, 30 Mar 2022 14:38:25 GMT

In order to release the lien, it must be paid, basically.

I'm not sure if a payment plan towards full payment releases the lien.