Foreclosing other Federal Liens

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.

Every judgment rendered by a district court within a State shall be a lien on the property located in such State in the same manner, to the same extent and under the same conditions as a judgment of a court of general jurisdiction in such State, and shall cease to be a lien in the same manner and time. This section does not apply to judgments entered in favor of the United States. Whenever the law of any State requires a judgment of a State court to be registered, recorded, docketed or indexed, or any other act to be done, in a particular manner, or in a certain office or county or parish before such lien attaches, such requirements shall apply only if the law of such State authorizes the judgment of a court of the United States to be registered, recorded, docketed, indexed or otherwise conformed to rules and requirements relating to judgments of the courts of the State.

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.