New Tax Lien Strategy!!!

Discussion in 'Credit Talk' started by msb212, Jul 31, 2002.

  1. msb212

    msb212 Well-Known Member

    I had a good idea, I think, for disputing tax liens. All three credit reports only display the MONTH and YEAR of the filing/release. Unlike credit card accounts, where the billing is monthly, public records also have specific dates -- e.g. the day of the month. I frankly do not beleive that the CRA's can handle this information in their software. Yet this is clearly INCOMPLETE information. One could demand that the full date be reported, or they must delete the entire item.

    What does everyone think? Would this work? If my current disputes come back verified, I will give it a whirl...in the menatime, please tell me your thoughts.
     
  2. clc18940

    clc18940 Well-Known Member

    Since tax liens are public court records the validation criteria is less applicable than for ca's. Basically it is your responsibility to dispute public records and not the CRAs. This is why getting them deleted is so tough.

    As for your strategy...my advice is to try everything...but don't get frustrated with the process if it doesn't work because tax liens...especially unpaid liens...are the toughest nut to crack of them all.

    clc
     
  3. msb212

    msb212 Well-Known Member

    agreed. Though my lien is paid.
     
  4. msb212

    msb212 Well-Known Member

    Re: Tax Lien Strategy!!! New Info

    NOW THIS IS INTERESTING:

    I just spoke with the lien desk of state tax board, who informed me that THEY HAVE NO WAY OF KNOWING THE DATE OF PAYMENT OF THE LIEN. They have the date it was RECORDED, and the date it was RELEASED, but they do not know, and CANNOT know the date of payment. Because sometimes liens are released for reasons other than being paid! Yet the FCRA hooks everything to the date of payment!!! The woman told me that the only way they can determine the date of payment is to go and find the ORIGINAL paperwork at the county recorders office. So, if one disputes the date of payment, and clearly indicates that it is different from the date of release, unless they go stand on line at the reocorder's office, they MUST DELETE THE LIEN!!!!!
     
  5. DemPooches

    DemPooches Well-Known Member

    Re: Tax Lien Strategy!!! New Info

    Hmmmmm.....now this is interesting! So now, the $64,000 question is, did EX keep a record of the release I sent them (stupidly, before I knew any better) which had all of the info on it?

    Decisions, decisions.....to dispute again now or wait till CHOD?

    I'm leaning toward taking the plunge again.

    DemPooches
     
  6. msb212

    msb212 Well-Known Member

    Re: Tax Lien Strategy!!! New Info

    Me too -- I have a copy of the original lien release from the franchise tax board, which is a month earlier than what the CRAs are reporting. I guess it took a month for it to be recorded. But I am not sure how to use this data. I think the only way is to dispute paid vs released, since FCRA clearly states it hignes on date of payment, not release...
     
  7. cinderella

    cinderella Well-Known Member

    Re: Tax Lien Strategy!!! New Info

    I think you have a good point MSB. In my case, the lien was released without an actual payment to the FTB. In fact, the FTB paid me, to file my taxes. I did not file one year, and the FTB incorrectly computed my taxes and figured I owed them. So a lien was placed.

    But when I actually filed my taxes for that year, the FTB owed me money. So when is my date of last payment if I never paid the FTB and just filed my taxes? The FCRA does not say date of payment is when you file your return, even if the FTB owed you. It does not seem fair for the CRA's to penalize me for filing late, especially when I did not owe the money.
     
  8. msb212

    msb212 Well-Known Member

    Re: Tax Lien Strategy!!! New Info

    For a minute I thought you were Creditrella...! LOL.

    I think you can't help but win a dispute -- if you have no pay date, then there is no way for them to verify! Worth a try, I would think. incidentally, my lien is for the same reason. I filed my returns for 91-94 in 1995. Filed all at the same time w/IRS, and State filed liens a week later since I had surfaced. Thye wound up applying refunds due to the liens that were filed, but it took them some time to straighten it all out.
     

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