The IRS works for creditors, and you can act as one to access funds held in escrow and settle debts. By using specific IRS forms and understanding trust deeds, you can reclaim your financial power and protect your assets. Here’s how to do it.Use IRS Forms to Access Escrow FundsThe IRS provides forms that let you act as a creditor to access funds held in escrow, such as an outstanding balance on an American Express card. These funds are already reserved—you just need the right paperwork to claim them or pay off debts. Here’s how:
- Form 1099-OID (Original Issue Discount): If you’re the recipient, file this with a Form 1040 (available on the IRS website with line-by-line instructions) to recover funds withdrawn from your bank account. As the payor, you don’t report 1099-OIDs.
- Form 1099-A (Acquisition or Abandonment of Secured Property): Use this to access escrow funds for debts like state taxes without reporting them on a 1040. For example, direct the IRS to use escrow funds to settle a debt or return them to you.
- Send the debt obligation to the U.S. Treasury with a money order for payment.
- Get a pre-approved Treasury, Tax & Loan (TT&L) transaction, bond the account, and instruct the bank to hold funds in escrow. Notify the state taxing agency that funds will be released once they confirm a zero balance.
- Correct all IRS filings and report accurately.
- Avoid claiming exemptions, deductions, or filing statuses on tax forms.
- Seek only the return of their interest, not taxable benefits.
- Incur no taxes, unlike debtors.
- Deed of Trust: A contract (lien) where you, the trustor (creator), name a title company as trustee and the bank as beneficiary.
- Grant Deed: The title, listing only your name, proving your ownership.
- Record a new document at the County Recorder’s office, reshaping the trust.
- Name yourself the beneficiary and a trusted friend the trustee, removing the bank’s security interest.
- Retain the grant deed in your name, ensuring the bank or title company can’t sell the property without your consent via a quitclaim deed.