Can I sue the title company for payment of a tax lein that was never filed by the IRS?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue the title company for payment of a tax lein that was never filed by the IRS?

In the middle of a divorce, our home sold. My husband was giving me 100% of the house proceeds. 3 days before closing my husband walked into the IRS offices, told them he had a home closing soon and to take the proceeds to pay off his business tax debt that I was unaware of. The title company sent the funds to the IRS. A tax lein was never filed. Do I have any recourse against the title company?

Asked on October 22, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Seems like you have the right to sue someone here but really maybe not.  You need to go and see an attorney about the time line here and about what your liability would have been for your husband's tax debt.  The structure of his business and the part you played - even on paper - matters.  But it seems as if it may be anyone that you sue it would be your husband for violation of your divorce agreement. I think what you want to say is that because there was no actual line the title company should not have paid the IRS. That may or may not be true here as well and again, it depends on the paperwork involved. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption