if there is an irs lien on your property and you sell it, who gets paid 1st the mortgage company or the irs?

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if there is an irs lien on your property and you sell it, who gets paid 1st the mortgage company or the irs?

Asked on June 17, 2009 under Real Estate Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The mortgagor will have priority over the IRS, they are a secured creditor.  That is, they hold a specific interest in the real estate by virtue of the mortgage.

Of courses this assumes that the mortgage was placed on the property prior to the IRS lien; no mortgagor I know of would lend against a property that had liens already on it.


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