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Granter vs grantee warrantee deed

Posted on: 28th Oct, 2009 11:40 am
In 2004 my boyfriend's cousin transferred 2 homes to my boyfriends' name. It is listed as a warranty deed. There was a Federal Tax Lien from the cousin's bad business put on the properties first in 2006 and again in 2007 for a lesser amount. The lien is under the cousin's name, not my boyfriend. The County says my boyfriend is the is the owner. With a granter and grantee can the 2006 and 2007 Fed Tax Liens affect the sale of the homes by my boyfriend...or can he even sell them alone without the prior owner? Help!!!
my initial thought is that you need to notify the irs of their error. if those liens were filed after the deed from the cousin to your boyfriend, then the liens won't have any validity unless it can be proven (by the irs) that the transfer was fraudulent.

if the home is truly your boyfriend's with no entanglement from the cousin, then the liens should be invalid and ought not to affect what your boyfriend does with the property.

playing with the irs is not fun, however, so make sure you've got all your proverbial ducks in a row.
Posted on: 28th Oct, 2009 11:45 am
On the Boone County assessors tax lien website is shows that D. Scott, the cousin is the Grantor and Tony (my boyfriend) is the grantee. Both names show. I think we need to discuss this with the IRS. A warranty deed was issued in Tony's name (a relative of D.Scott) and maybe they will try to say it;s fraudulent but it was done two years before the first lien was assessed.
Posted on: 28th Oct, 2009 11:56 am
it wouldn't hurt you to have an attorney representing you in this situation. from what you've said, it's looking pretty clear that the lien is inappropriate.
Posted on: 29th Oct, 2009 07:32 am
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