In my neverending education on Short Sale transactions, I have learned that if there is an IRS lien on a property that is pending as a Short Sale, not only must the seller jump through hoops for the lender(s), but IRS demands an obstacle course to be run.
I currently have a short sale transaction that is approved and ready for closing and with an IRS lien showing on the title, the lender has offered only 10% to payoff this lien. As we all know, IRS liens take priority over a 1st lien mortgage, therefore it must be satisfied by the sale.
Not so fast! There is a way around this. But to get from Point A to Point B, one must run an obstacle course designed only for those NOT FAINT OF HEART. The good news is it might work, the bad news, after submission of another package to IRS, they could ask for more information and the first process takes up to 30 days.
With a pending foreclosure date looming, I have asked for an extension from the lender so that we can meet the demands of IRS, so even if we are able to get IRS to forgive and forget, we might lose the sale anyway. Hopefully, in this case, Wells Fargo will work with us.
IRS Publication 783 explains it all and if you are a CPA or a Tax Attorney you can probably interpret this language, however, if you chose not to pursue one of these time honored professions, you are probably going to hire one just to tell you what IRS will accept to meet their regulations.
One of the requirements is "to furnish an estimate of the fair market value of the property" which means "two written appraisals by two disinterested persons qualified to appraise the property, and a brief statement of each appraiser's qualification." So on top of everything the seller is battling, we might have to order and pay for two appraisals that will support our sales price.
At this point, all of us are heavily vested in this transaction and I am determined to get it closed. The seller deserves it and the buyer has patiently waited in the wings.
IRS--here I come with lots of new paperwork for you to review and pray that time is on our side.
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