Form 14134 - Certificate Of Subordination Of Federal Tax Lien Page 3
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7Frequently Asked Questions
Section 12 - Current title report
1.
Check the “attached” box if you attached the title report.
Q1: When do I make a payment?
This is required for subordination.
The Internal Revenue Code section under which the certifi-
2.
If you checked the “no” box and the title report is not at-
cate of subordination will be issued or granted determines
tached, use the space provided to list any encumbranc-
the details regarding making a payment.
es (liens or claims) against the property and whether
those encumbrances are senior to the United States’
• Subordination under 6325(d)(1) requires a payment, but
lien interest. Include the name and address of the
do not send a payment with the application. The Advisory
holder; description of the encumbrance, e.g., mortgage,
Group Manager will notify you after determining the
state lien, etc.; date of agreement; original loan amount
amount due and when to send payment.
and interest rate; amount due at time of application; and
• Subordination under 6325(d)(2) does not require a pay-
family relationship, if applicable.
ment.
3.
If any mortgages listed on your title report are home
equity lines of credit (HELOCs), the NFTL takes priority
Q2: What is an acceptable form of payment?
over advances made via the HELOC on the 46th day
after the NFTL is filed. This means any advances made
Make payments in cash or by the following types of checks:
to you more than 46 days after the NFTL is filed, were
certified; cashiers; or treasurer’s check. The check must
made subject to the NFTL. The advances need to be
be drawn on any bank or trust company incorporated under
included in the equity interest to which the United States
the laws of the United States, or of any state, or possession
attaches. To make an accurate value determination and
of the United States. Payment can also be made using a
to avoid processing delays with your application, provide
United States postal, bank, express or telegraph money
documentation on any HELOC advances from the 46th
order.
day after the NFTL was filed, through the date you
submit your application, and include expected advances
Important! If you pay by personal check, issuance of the
through the date the certificate will be issued.
certificate of subordination will be delayed until the bank
4.
honors the check.
Attach a separate sheet titled “Section 12” with the infor-
mation in item # 2 and # 3 above if there is not enough
space provided on the form.
Q3: Who makes the decision to issue a Certificate
of Subordination?
Section 13 - Proposed closing statement
In all cases Advisory staff will review and verify the informa-
1. Check the “attached” box if you attached the proposed
tion provided, determine whether a certificate of subordina-
closing statement. This statement is often referred to as
tion should be issued, and contact you with any questions.
a HUD-1.
Advisory may contact you, your representative, or any
2. If you checked the “no” box and you did not attach the
person relative to the transaction for additional information.
proposed closing statement, use the space provided to
itemize all proposed costs, commissions, and expenses
The Advisory Group Manager has the responsibility to
to refinance the property.
review and approve the determination and let you know the
3. Attach a separate sheet titled “Section 13” with the
outcome. If approved, you will receive a conditional commit-
information in item # 2 above if there is not enough
ment letter.
space provided on the form.
Q4: When will I receive the Certificate of
Section 14 - Additional Information
Subordination?
1.
Check the “attached” box if you have attached other
documents relevant to the subordination application.
The Internal Revenue Code under which the certificate of
This could include affidavits or court documents.
subordination will be issued or granted determines when you
will receive the certificate.
2.
Check the “no” box if you do not have any additional
documentation.
• Under 6325(d)(1), you will receive the certificate upon
receipt of the amount determined to be the interest of the
Section 15 - Declaration
United States in the property subject to the federal tax
lien.
The applicant or their authorized Power of Attorney signs the
• Under 6325(d)(2), you will receive the certificate after
application form. You must sign your application under penal-
your application has been investigated and the informa-
ties of perjury attesting to having examined the application,
tion verified. The Advisory Group Manager will notify you
accompanying schedules or documents, exhibits, affidavits,
of the decision and provide you with a projected date for
and statements and declaring to the best of your knowledge
mailing the certificate of subordination.
and belief that the application is true, correct and complete.
Publication 784 (Rev. -2010)
Catalog Number 46756T
Department of the Treasury Internal Revenue Services
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