Title 28Judiciary and Judicial ProcedureRelease 119-73

§1964 Constructive notice of pending actions

Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 125— - PENDING ACTIONS AND JUDGMENTS › § 1964

Last updated Apr 6, 2026|Official source

Summary

When a State requires a notice about a lawsuit that affects land to be recorded or indexed in a particular office, county, or way to give legal notice, and the State allows notices from a United States district court to be handled the same way, those State recording rules must be followed so the federal case gives legal notice about the land.

Full Legal Text

Title 28, §1964

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

Where the law of a State requires a notice of an action concerning real property pending in a court of the State to be registered, recorded, docketed, or indexed in a particular manner, or in a certain office or county or parish in order to give constructive notice of the action as it relates to the real property, and such law authorizes a notice of an action concerning real property pending in a United States district court to be registered, recorded, docketed, or indexed in the same manner, or in the same place, those requirements of the State law must be complied with in order to give constructive notice of such an action pending in a United States district court as it relates to real property in such State.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 85–689, § 2, Aug. 20, 1958, 72 Stat. 683, provided that: “The

Amendments

made by this Act [enacting this section] shall only be effective with respect to actions commenced in United States district courts more than one hundred and eighty days after the date of enactment of this Act [Aug. 20, 1958].”

Reference

Citations & Metadata

Citation

28 U.S.C. § 1964

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73