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Mervynsb

New IRS Policy 04/02/2011

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I sent in two withdrawal release requests, the first time I didn't fill out the form properly. This would have been in mid-March. I sent it in again on April 4th and was comprehensive and filled everything out right and the withdrawal was filed on April 24th with my county recorder. I have received nothing in the mail, so I am going to go to the courthouse and get it and forward to the CRAs.

 

Depending on which withdrawal form worked, the process either took 5 weeks or 20 days. I'm guessing it was the April 4th submission though, so 20 days more than likely.

 

Will update with how it goes with the CRAs.

 

So I sent in documentation from the IRS saying the liens had been withdrawn as well as the case information from my County Recorder's office. TransUnion and Experian deleted it no problem, while Equifax verified the liens. Clearly this must have been automated? If they had checked online or read the documentation provided from the IRS they would have deleted like the other two CRA's, no?

 

Does anyone know what my next step would be? I'm really super irritated right now.

 

 

If it were me, I would write strongly worded letter reminding them they have a duty by law to report accurate information, and I would state bluntly that they are not doing so, and hence are in violation of applicable state and federal law. I would include the withdrawal document, again, and the document filing number with the county clerk, as proof. I would then point out that it is obvious from the information you have provided that they are NOT correctly discharging their legal obligation to correctly report, and that it seems clear that they did not discharge their legal obligation to correctly validate either... since there is A ) absolute proof the lien(s) was (were) withdraw, B ) that proof has been provided to them, and yet C) they are still reporting. Point out that this would be very problematic for them should you be forced to bring action against them in a court of law, as they would certainly be found in violation. Then state that you are giving them an opportunity to address the problem and correct it in a manner advantageous to all parties, and demand that they delete the incorrectly reporting lien.

 

Also consider filing with the BBB, and note all of the above in your complaint with them.

 

If it comes down to it, you may have to sue them... but I doubt it will come to that. I would think that applying pressure as indicated above will probably do the trick; more than likely it was just a mistake on their part.

 

It is infuriating that these matters should be so difficult to resolve... but this is the reality of things right now. Clearly this is a broken system badly in need of reform, but for now, we have to wade through this sort of mess. I would encourage you to report your experience to the CFPB so that it can be added to the growing pressure for congress to act against these institutions in a substantive way.

 

One final note: you might consider finding out if Lexis / Nexis is still reporting this, and if so, disputing with them. IF Equifax really DID verify (highly doubtful in my opinion), it would probably have been with Lexis / Nexis.

 

This is my opinion - your mileage may vary. Consult an attorney for legal counsel.

Edited by SomeGuyInCA

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SGICA's suggestions and obersvations are good. Having been though this with EX here is what I would do.

 

I would:

1. Get official, stamped, copies of the lien, release, and withdrawal from the county offices.

2. Write a cover letter identifying each document and its filing number.

3. Note in the letter that the withdrawal means neither the lien, nor the subsequent release should be reported on your credit report.

4. Provide the county facility which they can use to verifiy the withdrawal if they choose to do so directly.

5. Ask that they reinvestigate and, in the event the lien is verified again via a third party information provider, that they provide you with the contact information and address of the third party that provided the "verification" so that you may take the neccessary steps to ensure they accurately report.

 

Make several copies in case you have to take further steps.

 

I had to do this with EX. EQ initially verified. I called a CSR and stated EQ had incorrectly verified and what info should I provide so they can correct it. The guy went on hold and came back and said just fax the IRS withdrawal document. It was gone 2 days later. EX, OTOH, verified after 3 another weeks. I sent a request letter and docs similar to what I outlined above. Two weeks into it they sent me a letter saying they could not use the copies I provided but had forwarded it to their provider for verification. After another two weeks later they removed it.

 

I suspect there is a lot of fraudulent "withdrawals" out there. You may have to be assertive and adopt a tone that suggests you aren't trying to pull a fast one.

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I sent in two withdrawal release requests, the first time I didn't fill out the form properly. This would have been in mid-March. I sent it in again on April 4th and was comprehensive and filled everything out right and the withdrawal was filed on April 24th with my county recorder. I have received nothing in the mail, so I am going to go to the courthouse and get it and forward to the CRAs.

 

Depending on which withdrawal form worked, the process either took 5 weeks or 20 days. I'm guessing it was the April 4th submission though, so 20 days more than likely.

 

Will update with how it goes with the CRAs.

 

So I sent in documentation from the IRS saying the liens had been withdrawn as well as the case information from my County Recorder's office. TransUnion and Experian deleted it no problem, while Equifax verified the liens. Clearly this must have been automated? If they had checked online or read the documentation provided from the IRS they would have deleted like the other two CRA's, no?

 

Does anyone know what my next step would be? I'm really super irritated right now.

 

 

If it were me, I would write strongly worded letter reminding them they have a duty by law to report accurate information, and I would state bluntly that they are not doing so, and hence are in violation of applicable state and federal law. I would include the withdrawal document, again, and the document filing number with the county clerk, as proof. I would then point out that it is obvious from the information you have provided that they are NOT correctly discharging their legal obligation to correctly report, and that it seems clear that they did not discharge their legal obligation to correctly validate either... since there is A ) absolute proof the lien(s) was (were) withdraw, B ) that proof has been provided to them, and yet C) they are still reporting. Point out that this would be very problematic for them should you be forced to bring action against them in a court of law, as they would certainly be found in violation. Then state that you are giving them an opportunity to address the problem and correct it in a manner advantageous to all parties, and demand that they delete the incorrectly reporting lien.

 

So this is basically the route I went. It resulted in one lien being deleted, and the other getting verified the second time.

 

The liens were issued at the same time. They were released at the same time. They were waived at the same time. I sent in the exact same paperwork for both liens.

 

On now to the BBB and Attorney General I guess. It's incredible that Equifax chooses to be like this.

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So this is basically the route I went. It resulted in one lien being deleted, and the other getting verified the second time.

 

The liens were issued at the same time. They were released at the same time. They were waived at the same time. I sent in the exact same paperwork for both liens.

 

On now to the BBB and Attorney General I guess. It's incredible that Equifax chooses to be like this.

 

Verify that both liens are noted as withdrawn with your county recorder's office.

 

Obtain the document number or filing number of the withdrawal as filed with the county clerk.

 

Dispute it again, making special note that TWO liens were withdrawn but they incorrectly verified one, and specify which one. Include all the withdrawal paperwork for it, and the filing number with the clerk. Demand they delete and let them know you will sue them if they don't - they are violating federal law.

 

The thing is, it should not be this hard, it just is. Keep at it. They aren't trying to be evil, but by the same token they don't appear to be very bright nor do they appear to care about whether or not they are breaking the law. You need to make them care.

 

If they deny you as frivolous, send them a method of verification request. If all else fail, send a copy of your deletion demand (with documentation) to their registered agent along with a promise to sue them if the don't fix it; that will get their attention.

 

That's my opinion - your mileage may vary. For legal advice, consult your attorney.

Edited by SomeGuyInCA

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The liens are showing as withdrawn with the county recorder. I actually sent them the filing numbers that you'd search online to pull them up, twice.

 

Not sure I understand the bit about the registered agent, who would that be?

 

Any opinions on trying to call them? Worth a shot?

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I am trying to help a friend apply for this withdrawal. This thread has been very helpful. Thanks to everyone who has contributed their time to this.

 

My question is on the Form 12277 (Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien) question #12 states "Explain the basis for the withdrawal request (attach additional sheets and other documentation that substantiates your request, as needed)".

 

Will the initial sample cover letter posted at the beginning of the thread suffice to answer this question? Did anyone add an answer here in addition to the cover letter? Thanks for any help.

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The liens are showing as withdrawn with the county recorder. I actually sent them the filing numbers that you'd search online to pull them up, twice.

 

Not sure I understand the bit about the registered agent, who would that be?

 

Any opinions on trying to call them? Worth a shot?

 

I decided to just go ahead and file complaints with the BBB and Ohio Attorney General. Will report back when I hear anything.

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The liens are showing as withdrawn with the county recorder. I actually sent them the filing numbers that you'd search online to pull them up, twice.

 

Not sure I understand the bit about the registered agent, who would that be?

 

Any opinions on trying to call them? Worth a shot?

 

I decided to just go ahead and file complaints with the BBB and Ohio Attorney General. Will report back when I hear anything.

 

 

A registered agent is the person or entity designated by the corporation with the state to recieve process or be served with papers. When people sue a coprporation they usually serve the registered agent with the lawsuit. The designated agent for a corporation can usually be found on a states' Secretary of State website (or whatever state agency governs corporations). You may have to pay a couple of dollars to do the search. For my state it is $1 per search.

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it has been about six weeks and still i have not heard anything. i am thinking that since it was around tax time when i sent it in there may be a delay. should i be worried because of the length of time or is this normal?

 

i want to get good news like the others yahoo.gif

 

thanks

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it has been about six weeks and still i have not heard anything. i am thinking that since it was around tax time when i sent it in there may be a delay. should i be worried because of the length of time or is this normal?

 

i want to get good news like the others yahoo.gif

 

thanks

 

 

It took almost 2 months for me to get the withdrawal. I was denied at first, the appealed. Mine was from the Atlanta office only 2 people doing the whole State of GA. They are way backed up.

 

On a side note as expected easy to remove from TU. EQ on the other hand will be a 2 month fight it appears.

 

 

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it has been about six weeks and still i have not heard anything. i am thinking that since it was around tax time when i sent it in there may be a delay. should i be worried because of the length of time or is this normal?

 

i want to get good news like the others yahoo.gif

 

thanks

 

 

It took almost 2 months for me to get the withdrawal. I was denied at first, the appealed. Mine was from the Atlanta office only 2 people doing the whole State of GA. They are way backed up.

 

On a side note as expected easy to remove from TU. EQ on the other hand will be a 2 month fight it appears.

 

 

 

thanks for the reply. i will have to prepare for the EQ fight.

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Wrote about this in my personal ongoing thread (http://creditboards.com/forums/index.php?showtopic=495708), but wanted to share it here also:

 

Equifax refused to delete my withdrawn federal tax lien when the Ohio Attorney General contacted them and also refused through the BBB dispute. I called them as a final step before taking them to small claims court and supposedly that did it, the guy said it would be deleted. They also released information about my Georgia tax lien to the Ohio attorney general's office, when that wasn't part of the dispute. Isn't that some sort of violation?

 

Why it takes a phone call where 3 certified letters, and disputes with BBB and Attorney General were not good enough I do not understand. These companies are terrible.

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Success! This really works. I helped a family member apply for the withdrawal and he received an a letter from the IRS today stating the withdrawal was approved. Sent the initial request and application on June 21st and received the approval today. Very cool.

 

Now we shall see how long it takes to actually have the FTL removed from the CRs. Sounds like there will be a struggle with EQ. Good luck okayokay1.

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Success! This really works. I helped a family member apply for the withdrawal and he received an a letter from the IRS today stating the withdrawal was approved. Sent the initial request and application on June 21st and received the approval today. Very cool.

 

Now we shall see how long it takes to actually have the FTL removed from the CRs. Sounds like there will be a struggle with EQ. Good luck okayokay1.

 

Just an update, mine was indeed deleted the very next day from Equifax.

 

My advice, based on my experience, would be if you get denied by Equifax after you have sent in documents to just immediately call. There's no point in writing again because they apparently don't recheck or look into the matter any further.

Edited by redsfaithful

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Success! This really works. I helped a family member apply for the withdrawal and he received an a letter from the IRS today stating the withdrawal was approved. Sent the initial request and application on June 21st and received the approval today. Very cool.

 

Now we shall see how long it takes to actually have the FTL removed from the CRs. Sounds like there will be a struggle with EQ. Good luck okayokay1.

 

 

WWWOOOOWWW. that was fast. thats why i am worried because i havent heard anything and its going on two months now. i just need to be patient but i just want to get this off the credit report so bad.

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I have been in a payment plan for 4 months that is not direct debit. I just sent out direct debit forms but I missed this months irs payment bc my lost her job and I had to pick up her side of the bills and this was the only bill that I could skip that would not affect my credit score. Did I just screw myself from being able to get the lien removed from my credit report?

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Success! This really works. I helped a family member apply for the withdrawal and he received an a letter from the IRS today stating the withdrawal was approved. Sent the initial request and application on June 21st and received the approval today. Very cool.

 

Now we shall see how long it takes to actually have the FTL removed from the CRs. Sounds like there will be a struggle with EQ. Good luck okayokay1.

 

Just an update, mine was indeed deleted the very next day from Equifax.

 

My advice, based on my experience, would be if you get denied by Equifax after you have sent in documents to just immediately call. There's no point in writing again because they apparently don't recheck or look into the matter any further.

 

 

I got my IRS lien withdrawn last year by this method. My story is way way back in this thread. It seems that the IRS is taking longer to process requests, possibly due to its popularity???

 

As far as the the CRA's go, as stated above, after sending in the docs to the CRA's and nothing happens just keep calling them and complaining. It apparently takes a week or two for them to scan the docs you sent into their computers. So after sending the docs CMRRR to the CRA's it will take, IMHO, two weeks for someone on the other end of the phone to see what you are talking about. If you want, send them twice to the CRA's a week apart, its worth the $6.00 per CMRRR...

 

In my case, I think that I had to actually get someone on the phone in India to get it off EQ I think. After getting a supervisor, they did find/see the docs I sent them from the IRS and deleted the lien from my CR.

 

So it can't hurt to send them the docs twice since it doubles your chance of them accurately scanning them into your file. And you should NOT waste time writing letters complaining to them about their failure to remove the lien(s)... Just keep calling them up and insist that they find the docs you sent them, in my case I sorta had to explain what the docs meant but...it did work... It may take time but it is a 800 number so...

 

My FICO score did not really change when they were removed. But my sister was just denied a AMEX card for, amongst other reasons, a PUBLIC RECORD on her report. So the effort required to get liens removed is totally worth it even if FICO score wise their is little or no change...

 

Good Luck!!!

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good news. finally got the withdrawl. it looks as though they did not send it to the credit card agencies that i request. my question is, are the address that i provided them the most update? also, is there any special wording that i should include in the letter i send to the credit card agencies?

 

thanks guys

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Withdrawal process went quick!

 

I faxed Form 12277 to the IRS on 8/3/12. On 8/10/12 the paperwork was complete (per date on withdrawal form now recorded). On 8/13/12 I was called and notified that my application was approved. On 8/20/12 the withdrawal was recorded with the county clerk.

I submitted a dispute to all the CRAs on 8/13/12, still waiting for it to be removed from the reports.

- Average Joe

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I am trying to help a friend apply for this withdrawal. This thread has been very helpful. Thanks to everyone who has contributed their time to this.

 

My question is on the Form 12277 (Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien) question #12 states "Explain the basis for the withdrawal request (attach additional sheets and other documentation that substantiates your request, as needed)".

 

Will the initial sample cover letter posted at the beginning of the thread suffice to answer this question? Did anyone add an answer here in addition to the cover letter? Thanks for any help.

 

I did not use a cover letter. I did however answer question #12 with three simple words: "Fresh Start Program." They approved my application in 1 weeks time and it was recorded with the county 10 days later. Time from faxing application to withdrawal being recorded: 17 calendar days.

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FINALLY COMPLETE. yahoo.gif thanks for the great information throughout this entire thread. surprisingly, every one of the credit agencies removed the lien from my credit report within less than a week after disputing them. i should note that i disputed online and also mailed in the withdrawal that i received from the IRS. now hopefully when i check my credit report, after a month or two, there should be a change in my credit score. fingers crossed but simply getting the lien removed was enough for me.

 

 

THANKS AGAIN GUYS. clapping.gif

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Has anyone had experience with getting a lien withdrawn for taxes that have exhausted the SOL? In other words, the clock ran out and the taxes became uncollectible, but the lien still exists. I read on the IRS site that this withdrawal program applies to liens that have been paid or otherwise arranged, but I believe it said if the taxes had expired then they would take it on a case by case basis, if you can prove hardship or something (honestly can't remember if I read that part at IRS or in someone's post).

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Has anyone had experience with getting a lien withdrawn for taxes that have exhausted the SOL? In other words, the clock ran out and the taxes became uncollectible, but the lien still exists. I read on the IRS site that this withdrawal program applies to liens that have been paid or otherwise arranged, but I believe it said if the taxes had expired then they would take it on a case by case basis, if you can prove hardship or something (honestly can't remember if I read that part at IRS or in someone's post).

 

Don't know if you understand the SOL - but if they assessed taxes within the SOL and filed an lien, then the SOL on the original tax return is no longer applicable to this.

 

it is like state court cases on loans or Credit cards - if they sued on the loan/CC within the SOL, and were granted a judgment, the judgment isn't voided when the SOL on the Credit card matures - the judgment has it's own SOL, and the original SOL on the debt is moot.

 

and the Tax lien is good for 10 years unless they renew it. and then it's good for another 10 years.

 

 

Assessment

 

According to IRS Code 301.6501(a)-1(a), the Internal Revenue Service (IRS) is required to assess any tax return within three years of filing. No penalties can be added or audit performed after that time. The time period increase to six years if an individual omits at least 25 percent of his gross income from the original return.

 

 

Exception

 

For individuals who file a fraudulent return or fail to file altogether, there is no limitation for the IRS to assess penalties.

 

 

Collection

 

For assessments after November 5, 1990, the statute of limitations on collection is 10 years from the date of assessment.

 

Tax liens

 

When a federal lien is placed on a taxpayer for collection, the statute of limitations is 10 years from the lien date, provided the lien is not renewed during that time. After 10 years, the lien releases automatically

 

 

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