Is a failure to deliver a tax lien enforcible by the seller itself joined to a mutual mistake of law?
MultiRegion, United States of America
The following excerpt is from U.S. v. General Douglas MacArthur Senior Village, Inc., 508 F.2d 377 (2nd Cir. 1974):
A failure to deliver a tax lien enforcible by the seller itself is thus joined to a mutual mistake of law. Neither the seller nor the buyers knew that the tax lien did not possess the normal legal characteristics of a tax lien. 7 The seller was unjustly enriched when it was paid for a lien it could not itself enforce against the federal mortgage interest. See Rosenblum v. Manufacturers Trust Co., 270 N.Y. 79, 85, 200 N.E. 587 (1936).
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