Remedies for Fraudulent Notices of Federal Tax Lien in Florida
Florida Statutes <http://leg.state.fl.us/Statutes> provide possible remedies for fraudulent notices of tax lien.
28.222 requires the clerk to KNOW US LAW regarding federal tax liens and levies and to record federal tax liens ONLY if made in accordance with that law. The clerks don’t know anything about US law, and the county attorneys falsely inform them from IRS booklets made just to suborn clerks. You could point out that a lien notice has no validity unless a duly authorized assessment officer signed (under penalties of perjury) the assessment that forms the basis for the lien. I have NEVER seen such an assessment document signed under penalties of perjury that it is a bona fide and accurate assessment of taxes owed, due, and payable
713.31 – Remedies for fraud and collusion – worth looking at – treble damages.
713.901 (4) requires the certification of notices of liens (see IRS 7806 and 6065 and examine any lien notice for proper certification) by a “responsible” person (where’s the proof that the submitter is responsible to collect taxes and has a delegation of authority to perform that function?). Clerks never verify credentials of submitters or certification of the notice.
Filing of Recorded Notices of Federal Tax Lien
A lien notice is not a lien. The Clerk should file ONLY ACTUAL liens in the system of records reserved for liens. The Clerk should NOT file Notices in the Liens system. If the IRS does not like this, it can start creating paper liens, not invisible ones that it claims exist but really don’t. If it isn’t written, it isn’t true.
Statewide Grand Jury
IMO the clerk engages in racketeering with the IRS across multiple circuits throughout the state. Right now the Governor has empaneled (or will empanel) a Statewide Grand Jury. You should file an evidence package about this crime and demand SGJ investigation.
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