19
Sep

Tax Lien Tango

   Posted by: BobMcNeil   in IRS

If you have read the documentation on this website, you know that I have two “Notices of Federal Tax Lien” filed against me in the Harris County Clerk’s office, located in Houston, Texas. 

These “Notices” also show up on my credit report for all three credit reporting agencies, TransUnion, Equifax and Experian.  As a result, I find it difficult, if not impossible, to obtain credit.

For awhile now, something has been bothering me about these notices and I decided to revisit them.  Looking back in my files, I realized that I only had the copies provided to me by the IRS, which did not have the County Clerk’s filing stamp on them.  Plus, I did not have a copy of the actual lien…. only the “Notice”.

I decided to see if a Federal Tax Lien had been filed against me with the Texas Secretary of State in Austin.  I obtained a phone number from the website, placed a call and talked to a clerk there.  I gave him the information necessary to perform a lien search and was put on hold for a few minutes.  When he returned, he informed me that there was no lien on file with the State.  I gave him my fax number and asked for an affidavit stating that fact.  In a matter of minutes, he sent the affidavit my way.

Armed with this knowledge, I took an afternoon off from work and drove downtown to the Harris County Courthouse and found the County Clerk’s office.  I was greeted by a friendly, middle-aged lady sitting behind the counter.  In front of her was a large flat screen monitor.  The keyboard and mouse were sitting on her desk area.

I showed her my copies of the notices and asked her if she would provide a copy of the filed, stamped notices from her records.  In no time at all, she printed them out and handed them to me.

See the documents here and here.

I then asked her for a copy of the actual lien filed by the IRS.  She gave me a puzzled look and told me that the “Notice of Federal Tax Lien” is all the IRS ever files.  There is no actual lien filed against me in the County Clerk’s records.

Hmmmmm…. I thought.  This is getting stranger by the minute.

I paid for the copies and left, still puzzled by what had just happened.

Could it be that the I.R.S. violates the law governing the filing of Federal Tax Liens?

When I arrived home, I decided to pursue the matter further.

Look for my next blog entitled “Who is R. A. Mitchell?”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

No direct un-apportioned tax confirmed by the US Supreme Court rulings in

CHAS. C. STEWARD MACH. CO. v. DAVIS, 301 U.S. 548, 581-582(1937)

Knowledge is power.  Educate yourselves.

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This entry was posted on Saturday, September 19th, 2009 at 10:01 pm and is filed under IRS. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

14 comments so far

Sean
 1 

This is how the IRS avoids all due process. By filing a “notice” as a “lien” the clerk aids the fraud. Now the local IRS agent goes to the clerk, gets a receipt for the document filed in the “Lien” index, and proceeds to “administratively” take the property of the American, with the help of the local sheriff. Loma Wharton and another wonderful lady in Douglas County, Oregon had some good information on the topic. Ron Weston, another researcher into this fraud has some excellent work on the topic as well.

September 20th, 2009 at 2:23 am
Tate
 2 

Very simple.. the County Clerk is filing documents “notice of federal tax lien” contrary State and Federal law. The Federal Statutes states certification is required before it is eligible to be filed ..Certification is lacking and therefore filed illegally. Sue the county clerk for State Law violation..forget the feds.

September 20th, 2009 at 1:19 pm
Les
 3 

I sued the county clerk for filing the “notice of federal tax lien” The government showed up and submitted the supremacy clause…had the case removed to federal court. Lost in District court and appealed… Larry Beecraft did two appeals for me and screwed up the pleadings…had the two different cases with the arguments mixed up. Anyway in looking back I should have just filed a show cause against the clerk . I don’t think the government could have remove the case to Federal Court. I still may file a show cause on new infractions. Just a thought..for you to consider. Bottom line under state and federal law the notices CERTIFICATION entitles the notices to be filed. Unless the laws have changed since 1992 when I originally filed. FOR YOUR INFORMATION ONLY.

September 21st, 2009 at 6:33 pm
Les
 4 

Also a notice of lien is NOT a lien. That is why no liens show up.

September 21st, 2009 at 6:37 pm
 5 

Dear Sean, Tate and Les,

Thank you for your interest in my website and for your comments.

I read every comment and can assure you that I plan to take the appropriate action in the near future.

Stay tuned.

September 27th, 2009 at 8:39 am
Alex Darkke
 6 

So true, these ‘bogus’ notices are fraud, pure and simple.. what is worse is even when you tell a company, show them Supreme Court language that agrees, they still hand over your property! Expecting you to solve all your future problems living with very little… How does this story end?

March 11th, 2010 at 3:24 pm
Pappy
 7 

Hi Bob, enjoyed the day reading your irs history. I filed a hand writen return april 15,1997 that simply said no income connected with a US TRADE OR BUISNESS. Eventually a NFTL was filed at the county for 96,97,98, for amounts that would have equaled the amounts actually earned. Non filers cant deduct expences you know.These notices of liens are based on hearsay assessments and they have ten years to perfect the claim AFTER THE ASSESSMENT, then liens become unenforceable by statute of limitation. Mine disappeared the day after CHRISTMASS 2011

February 1st, 2013 at 7:51 pm
MmacH
 8 

Sounds like even if lien not officially filed, the effect is the same. I just received a Notice of Tax Lien in December. I’ll go up there and see what I can find out

March 18th, 2013 at 4:19 pm
Tom
 9 

If you are receiving Notices of Tax Liens from the state or IRS, rebut them immediately with the county clerk. A letter to the sheriff also helps holding him up to his oath. Also, letters to the senator and congressmen works sometimes requesting the termination of the IRS employee. Under the 1998 Act Reform and Restoration, the request to terminate can be requested for violations of constitutional rights. Also, the IRM requires any rebuttal by a “taxpayer”, which we are all not, but…it states the IRS has 30 days to respond to your rebuttal. If its a state lien, be sure to get your head of taxation and revenue on notice by affidavit and file these on the public record. Its very important to notify the sheriff, just incase, they have an official duty and violations of this is treason and perjury to the constitution pursuant their oath to office.

March 27th, 2013 at 2:58 am
Crystal
 10 

I just learned today that I have a federal tax Lien I never new about in Harris county Clerks office. This should be interesting! Thanks for all the great information on here.

August 1st, 2014 at 4:19 pm
jeremiah
 11 

do you have a procedure to get rid of so called Federal Tax Lien filed in the Register of Deeds office please???

March 11th, 2015 at 4:42 am
 12 

Jeremiah,

I’m sorry, but, no, I don’t.

April 8th, 2015 at 2:10 pm
Alvis Jenkins
 13 

IRS NFTL’s are fraudulent and the clerk of the county court will record the bogus document as a “federal lien” and does so in violation of the Uniform Federal Lien Registration Act which requires certification of the document by the Secretary of the Treasury (United States) or his delegate.

June 5th, 2015 at 8:00 pm
Jethro
 14 

Bob, why not just sue “R.A. Mitchell” for making a false claim? Bet she can’t verify from firsthand information a single thing on that which she signed. Hold her liable for it. I’d go after her for the same figure she came after you for, x3 for fraud. Charge her $500 a day she does not remove the phony lien.

April 12th, 2016 at 8:14 pm

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