Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 161— - UNITED STATES AS PARTY GENERALLY › § 2410
Allows the United States to be joined as a party in civil court cases that affect property where the U.S. has a lien, such as quieting title, foreclosing a mortgage or other lien, dividing property, condemning it, or interpleader (when several people claim the same property). The person bringing the case must say exactly what interest or lien the United States has. For tax liens they must also give the taxpayer’s name and address and, if a notice was filed, which IRS office filed it and when and where. In state court, papers must be given to the U.S. attorney for the district (or a person the U.S. attorney names) and a copy must be mailed to the U.S. Attorney General by registered or certified mail. The United States has 60 days to answer, unless the court gives more time. A court’s decision affects the U.S. lien according to local law. Foreclosure cases that name the United States must seek a judicial sale. Sales that satisfy a lien junior to the United States do not remove the U.S. lien unless the United States agrees. If property is sold before the U.S. lien, the United States has one year to redeem it, except for tax liens when the period is 120 days or the longer state redemption period; in some cases no redemption right exists. If the debt is due, the United States may foreclose or bid at sale up to the amount of its claim and costs, and it may credit its claim against its bid. When the United States redeems property under this law or under section 7425 of the Internal Revenue Code, it must pay the actual amount the buyer paid (including any debt satisfied by that sale), plus interest at 6 percent per year from the sale date, and any excess of expenses actually needed for the property over the income from it plus a reasonable rental value if the buyer used it. If someone already has a recorded lien and a later junior United States lien attaches, that person may ask the U.S. official in charge to release the United States lien. After checking, the official may issue a certificate releasing the property if the sale proceeds would not cover the U.S. lien, or if the U.S. claim is already paid or cannot be enforced.
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Judiciary and Judicial Procedure — Source: USLM XML via OLRC
Legislative History
Reference
Citation
28 U.S.C. § 2410
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73