Can I sue the title company for payment of a tax lein that was never filed by the IRS?
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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 13 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.
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