Difference between revisions of "Foreclosing other Federal Liens"
Alanfields (talk | contribs) (Created page with "==Federal Redemption Periods== Under [https://www.law.cornell.edu/uscode/text/28/2410 28 U.S. Code § 2410](c) the US has a one year period in which to redeem, the IRS 120 da...") |
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There are two exceptions to this. There are no federal rights to redeem for certain ''insured'' loans under the National Housing Act [https://www.law.cornell.edu/uscode/text/12/1701k 12 USC 1701k] and for VA guaranteed or insured loan. [https://www.law.cornell.edu/uscode/text/38/3720 38 USC 3720](d). | There are two exceptions to this. There are no federal rights to redeem for certain ''insured'' loans under the National Housing Act [https://www.law.cornell.edu/uscode/text/12/1701k 12 USC 1701k] and for VA guaranteed or insured loan. [https://www.law.cornell.edu/uscode/text/38/3720 38 USC 3720](d). | ||
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| + | ==Federal Judgment Liens Priority and Recording== | ||
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| + | [https://www.law.cornell.edu/uscode/text/28/1962 28 U.S.C.A. § 1962] provides a basis for state law to provide pre-conditions for the effectiveness of a federal court judgment as a lien on real property. For example, based on this a number of states have laws which provide state court judgments only become liens on real property upon recording in the land records, recording of certified copies, etc. Such laws have the effect of eliminating the need for a separate search of the federal court records in that circuit. | ||
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| + | Not all states have adopted such laws, and in such states a search of the Federal Court's may still be required. | ||
| + | Arkansas is one such state. Under Ark Code 16-65-117 federal and bankruptcy court judgments do attach even when certified copies haven’t been filed in the land records – if the court clerk maintains a permanent office in that county. | ||
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| + | Although the language seems to create a conflict, [https://www.law.cornell.edu/uscode/text/28/3201 28 U.S.C.A § 3201] by cross referencing IRS Code [https://www.law.cornell.edu/uscode/text/26/6323 6323](f) also defers to state law as to where federal court judgments (and tax liens) are to be recorded in order to affect real property. | ||
Latest revision as of 16:47, 23 October 2018
Federal Redemption Periods
Under 28 U.S. Code § 2410(c) the US has a one year period in which to redeem, the IRS 120 days for a tax lien.
There are two exceptions to this. There are no federal rights to redeem for certain insured loans under the National Housing Act 12 USC 1701k and for VA guaranteed or insured loan. 38 USC 3720(d).
Federal Judgment Liens Priority and Recording
28 U.S.C.A. § 1962 provides a basis for state law to provide pre-conditions for the effectiveness of a federal court judgment as a lien on real property. For example, based on this a number of states have laws which provide state court judgments only become liens on real property upon recording in the land records, recording of certified copies, etc. Such laws have the effect of eliminating the need for a separate search of the federal court records in that circuit.
Not all states have adopted such laws, and in such states a search of the Federal Court's may still be required. Arkansas is one such state. Under Ark Code 16-65-117 federal and bankruptcy court judgments do attach even when certified copies haven’t been filed in the land records – if the court clerk maintains a permanent office in that county.
Although the language seems to create a conflict, 28 U.S.C.A § 3201 by cross referencing IRS Code 6323(f) also defers to state law as to where federal court judgments (and tax liens) are to be recorded in order to affect real property.
