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7425 Statute |
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7425(a) JUDICIAL PROCEEDINGS. --If the United States is not joined as a party, a judgment in
any civil action or suit described in subsection (a) of section
2410 of title 28 of the United States Code, or a judicial sale
pursuant to such a judgment, with respect to property on which the
United States has or claims a lien under the provisions of this
title -- 7425(a)(1) shall
be made subject to and without disturbing the lien of the United
States, if notice of such lien has been filed in the place
provided by law for such filing at the time such action or suit is
commenced, or 7425(a)(2) shall
have the same effect with respect to the discharge or divestment
of such lien of the United States as may be provided with respect
to such matters by the local law of the place where such property
is situated, if no notice of such lien has been filed in the place
provided by law for such filing at the time such action or suit is
commenced or if the law makes no provision for such filing. If
a judicial sale of property pursuant to a judgment in any civil
action or suit to which the United States is not a party
discharges a lien of the United States arising under the
provisions of this title, the United States may claim, with the
same priority as its lien had against the property sold, the
proceeds (exclusive of costs) of such sale at any time before the
distribution of such proceeds is ordered. 7425(b) OTHER SALES. --Notwithstanding subsection (a) a sale of property on which
the United States has or claims a lien, or a title derived from
enforcement of a lien, under the provisions of this title, made
pursuant to an instrument creating a lien on such property,
pursuant to a confession of judgment on the obligation secured by
such an instrument, or pursuant to a nonjudicial sale under a
statutory lien on such property -- 7425(b)(1) shall,
except as otherwise provided, be made subject to and without
disturbing such lien or title, if notice of such lien was filed or
such title recorded in the place provided by law for such filing
or recording more than 30 days before such sale and the United
States is not given notice of such sale in the manner prescribed
in subsection (c)(1); or 7425(b)(2) shall
have the same effect with respect to the discharge or divestment
of such lien or such title of the United States, as may be
provided with respect to such matters by the local law of the
place where such property is situated, if -- 7425(b)(2)(A)
notice
of such lien or such title was not filed or recorded in the place
provided by law for such filing more than 30 days before such
sale, 7425(b)(2)(B)
the
law makes no provision for such filing, or 7425(b)(2)(C)
notice
of such sale is given in the manner prescribed in subsection
(c)(1). 7425(c) SPECIAL RULES. -- 7425(c)(1) NOTICE OF 7425(c)(2) CONSENT TO 7425(c)(3) 7425(c)(4) FORFEITURES OF 7425(d) REDEMPTION BY UNITED STATES. -- 7425(d)(1) RIGHT TO REDEEM. --In the case of a sale of real property to which subsection
(b) applies to satisfy a lien prior to that of the 7425(d)(2) AMOUNT TO BE PAID. --In any case in which the 7425(d)(3) CERTIFICATE OF REDEMPTION. -- 7425(d)(3)(A)
IN GENERAL. --In
any case in which real property is redeemed by the 7425(d)(3)(B)
FILING. --The
Secretary shall, without delay, cause such documents or
certificate to be duly recorded in the proper registry of deeds.
If the State in which the real property redeemed by the United
States is situated has not by law designated an office in which
such certificate may be recorded, the Secretary shall file such
certificate in the office of the clerk of the United States
district court for the judicial district in which such property is
situated. 7425(d)(3)(C)
EFFECT. --A
certificate of redemption executed by the Secretary shall
constitute prima facie evidence of the regularity of such
redemption and shall, when recorded, transfer to the
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