Chapter 2: Civil Actions Unit |
|
Release documents produce when certain criteria has been met. Full payment is required prior to
issuing a full release of tax lien, abstract of assessment or abstract of judgment. On a case by
case basis, partial releases may be issued. Partial releases include homestead releases i.e. the
employer is either selling their homestead, refinancing their homestead or attempting to qualify
for a home equity loan. After the following information is provided (a) the title company requires
a partial release as a condition to issue title insurance, (b) the employer has a contract to sell,
a pending loan or refinance and (c) the property has been the employer's homestead continuously since
the filing of our lien, plus $100.00 in the form of a cashiers check, a partial release of homestead
will be issued. Partial release may also be issued for a particular tract of property when TWC is
provided a closing statement that reflects that our debtor employer is receiving no proceeds from
the sale of the property.
Releases produce in the daily tax run via the following jobs:
- Releases of Notices of State Tax Liens, Releases of Abstracts of Assessment and Releases of
Abstracts of Judgment based on tax lien, assessment and judgment dates after June 1, 1996. A Cover
Sheet to the master record styling is included in this job.
- Releases of Notices of State Tax Liens, Releases of Abstracts of Assessment and Releases of
Abstracts of Judgment based on tax lien, assessment, and judgment dates prior to June 1, 1996.
A Cover Sheet to the master record styling is included in this job.
- Release Edit ListingProvides for accounts that attempted to release. The edit listed is
reviewed to determine if a release is in order.
Two copies of each release document are produced.
Releases produce automatically based on a prior 35-day transaction date or may be keyed for next
day production via the release request screen. Routinely releases are keyed for next day production
if full payment on an account was made via cash, cashiers check, official check or U.S. Postal Money
Order or when an employer has provided proof that payment of a personal or company check (canceled
check) has cleared their bank.
A release of a Tax Lien, Judgement, or Assessment paid by credit card takes approximately 180 business days to process.
Note: The Tax System does not automatically produce releases of liens on accounts that have the debt
cleared by some means other than full payment, such as the processing of an adjustment report. These
paid-out accounts are identified by an annual "sweep" of the Employer Master File, and
if they qualify, the releases are produced at that time. This process is the responsibility
of the Unit Supervisor and it insures that all paid liens are released as required by law.
Accounts are reviewed to determine if the release is appropriate.
Prior to mailing releases to employers or other interested parties (title companies etc.) the employer
master files are reviewed.
Releases of Notice of State Tax Liens, Abstracts of Assessment/Judgment may produce automatically
if there is a correct delinquency name/address marked. These same releases may be void of recording
information; therefore a review of the release instrument is made to determine if "fill ins" are
required. All FIPS 579 (out of state) releases require completion in regard to the county/parish
and state. In the cases where complete information is not on the automatic generated release, manually
typed releases with all the necessary information are produced, or recording information is keyed
via recording information and duplicate release is requested.
If an assessment is post conversion and the amount of the assessment/judgment is paid, the system
will attempt to automatically release these instruments. As judgments/assessments cover specific
quarters, when these quarters are paid technically the abstract of judgment/assessment could be released.
Our procedure is currently not to forward release of these instruments until the account is paid
in full and eligible for all releases. To reinstate assessments, use the notice of assessment record
screen to change the corresponding identification number and change the "R" to "I" and
erase the release date, then press enter.
When accounts fail to release, the account numbers are reflected on an edit list. The edit list
routinely contains the following:
- Tax Lien
If no addresses were marked on the Delinquency Names/Addresses screen as used for tax lien, a copy
of the tax lien is obtained. Either an address IID is marked or a new IID is created and a release
is then requested.
If the account has a new delinquency, the tax lien automatically reinstates, since a release is
not appropriate.
If the account has a report due, the tax lien automatically reinstates, since a release is not
appropriate.
- Abstract of Assessment
"Release not produced; recording information not complete." Recording information will be keyed
and the Abstract of Assessment Release will be manually requested.
- Abstract of Judgment
"No addresses were marked for judgment." An appropriate name/address will be marked or created
to match the Abstract of Judgment and a request for release will be manually requested.
"Release not produced; recording information not complete." Recording information will be keyed
and the Abstract of Judgment Release will be manually requested.
If a release of tax lien produces but the release is not in order, reinstate the tax lien. The next
day the tax lien will reflect "reinstated" instead of "released". This situation
may arise if a related account is located or if the reviews determined additional amounts are due
thereby making the release inappropriate.
Duplicate releases are ordered when an employer or other interested party makes a request. A comment
is placed that the duplicate was mailed and the address as to where it was mailed.
If the recording information is not on the master file, a recorded copy of the tax lien is in the
Status Folder or in the judgment packet. Order the folder from Records Management Center or documents
from the transaction log. Update the delinquency names/addresses and the tax lien, judgment and assessment
record screens prior to requesting the duplicate release.
A copy of all release documents is forwarded to Micro Imaging for posting to the Transaction Log.
This situation may occur if the Status Section has made an account established in error and RED
- Tax Collections previously filed a tax lien on that account. If the "error" account was
a result of duplicate accounts and if the remaining account is styled similar and has a debit balance,
we will transfer to tax lien record to the existing account.
Step 1 Issue a tax lien on the liable account using the exact styling of the previous tax lien. Instruct
the administrative assistant to return all copies of the tax liens and the Voucher. The examiner
will destroy all copies of the tax liens and voucher.
Step 2 On the recording information screen , change the tax lien date to the date of the original
date, use the same screen to update the recording information, if available.
Step 3 Delete the lien fee under the "error" account.
Step 4 Place comments under both accounts detailing the transfer as well as advising that releases
will not be issued until the accounts are paid in full.
Step 5 Place related account flag so it will appear under both accounts.
Step 6 Place the tax lien instrument on the document log under both the error account and the liable
account.
Step 7 At such time as the accounts are paid in full, release the tax lien under the error account.
Last Revision:
October 24, 2007