Ad: BlueJ Better Tax Answers. -Accomplish hours of research in seconds -Instantly draft high-quality communications -Verify answers using a library of trusted tax content. Learn more

6th Cir: IRS Tax Lien Has Priority Over Mortgage Lien Filed in Wrong County

Mortgage Electronic Registration Systems Inc. v Tammy Church, No. 09-2513 (6th Cir. May 19, 2011):

It sometimes pays to check a map. The mortgage lender in this case did not, and as a result it recorded an interest in Tammy Church’s property in the wrong county. Luckily for the public fisc, the IRS, which also placed a lien on Church’s property, did not make the same mistake. When the lender realized what had happened, it sued, seeking in equity what it could not get in law — a declaration that it had the superior claim to the property. Equity does not save the lender in this instance, and we therefore affirm.


About the Author

Ad: BlueJ Better Tax Answers. Blue J's generative AI tax research solution is transforming how tax experts work. Learn more.
Information and rates on advertising on TaxProf Blog

Discover more from TaxProf Blog

Subscribe now to keep reading and get access to the full archive.

Continue reading