Can You Sell Property without Paying All of the Tax Liens on it?

Stephen Behrends • October 8, 2021

Selling Property Subject to State or Federal Tax Liens? Our experienced tax and debt relief attorneys may be able to help you close the sale without paying the liens in full.

Can you sell property that isn't worth enough to pay the tax liens against it? Or do they have to be paid before the property can be sold? Does it matter if they are Oregon Department of Revenue or IRS tax liens?

The IRS has a form and a process to release property from tax liens in this situation. You can go to IRS.gov and look at Form 14135 and the instructions for it as well as Publications 783 and 4235. This will let you see what you will need to apply to have the liens released as part of a sale.

However, if you call the Oregon Department of Revenue an ask them, they are almost certain to tell you that they would only release the liens in exchange for full payment. However, there actually is a process know as an Application for Release of Specific Property you can use to sell property even if the price isn't enough to pay the ODR tax warrants in full.

If you have a property with ORS or IRS tax liens that can't be paid from the sale, call us today to find out more about how this process works or for help getting your sale to go through.

When the property is someone's home and there are judgment liens against it, often they can be removed even if they won't be paid in full.

This important information was brought to you by Behrends, Carusone and Covington, trusted tax lawyers and debt relief attorneys in Eugene, OR.

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