Yes, you can sell. If the sale proceeds cover the lien, the title company pays the IRS or the Oregon Department of Revenue at closing and the lien is released. If the proceeds won't cover the full tax debt, you can ask the IRS for a certificate of discharge (Form 14135), which releases the lien from that specific property so the sale can close. The IRS recommends applying at least 45 days before closing.
How tax liens differ from property tax liens
Delinquent property taxes are owed to the county and attach to the house itself. A federal tax lien is different: it arises from unpaid federal taxes and, once the IRS files a Notice of Federal Tax Lien, attaches to all of a taxpayer's property, including real estate. The Oregon Department of Revenue can also record a warrant for unpaid state taxes in the county lien records, which acts as a lien against property in that county.
When the sale covers the full lien
- The title company finds the lien during the title search.
- It requests a payoff from the IRS or Oregon DOR.
- The lien amount is paid from your proceeds at closing.
- The agency releases the lien — for federal liens, the IRS generally issues a release within 30 days of full payment.
When the sale won't cover the full tax debt
If you owe the IRS more than the house will net, the IRS can issue a certificate of discharge that removes the lien from this one property. You apply with Form 14135 and IRS Publication 783 explains the process. Typically the IRS receives the net proceeds (after senior liens like the mortgage and property taxes, and reasonable closing costs), and the remaining tax debt stays with you, not the house. Because the IRS needs time to review, it recommends applying at least 45 days before the sale closes.
A tax professional or attorney can help with the application. We can supply the purchase contract and estimated closing statement the IRS asks for, and set the closing date around the IRS's timeline.
Why a cash buyer can help here
Tax-lien sales often need flexibility: a closing date that waits on IRS paperwork, a buyer who won't walk away because the process takes a few extra weeks, and a firm price the IRS can evaluate. We buy as-is with no financing contingency, so the sale doesn't hinge on a lender's appetite for a complicated title.
This is general information, not legal or tax advice, and Rogue Valley Cash Buyers is not affiliated with any county or government agency. Deadlines and amounts depend on your specific account — the IRS, the Oregon Department of Revenue, or a tax professional or attorney can advise on your situation.