IRS Tax Lien v. Purchase Money Mortgage. And the winner is . . .

This article is intended for educational purposes only and not as legal advice

November 6, 2015

The purchase money mortgage or deed of trust will have priority over an IRS lien already of record in the same county if permitted by state law. http://www.irs.gov/pub/irs-pdf/p785.pdf.   In Colorado, the purchase money mortgage (deed of trust) wins over both IRS and judgment liens already of record against the mortgagor in the same county.  Emery v. Ward et al., 191 P. 99, 68 Colo. 373 (Colo. 1920).   To read other helpful legal tips, visit my profile and view previous posts.

 

Written by:

Michael Selinfreund
President/General Counsel
Cherry Creek Title Services, Inc.,
Agent for First American Title Insurance Company & NATIC