26 U.S.C. § 6339 : US Code - Section 6339: Legal effect of certificate of sale of personal property and deed of real property

Search 26 U.S.C. § 6339 : US Code - Section 6339: Legal effect of certificate of sale of personal property and deed of real property

(a) Certificate of sale of property other than real property
In all cases of sale pursuant to section 6335 of property (other
than real property), the certificate of such sale -
(1) As evidence
Shall be prima facie evidence of the right of the officer to
make such sale, and conclusive evidence of the regularity of his
proceedings in making the sale; and
(2) As conveyances
Shall transfer to the purchaser all right, title, and interest
of the party delinquent in and to the property sold; and
(3) As authority for transfer of corporate stock
If such property consists of stocks, shall be notice, when
received, to any corporation, company, or association of such
transfer, and shall be authority to such corporation, company, or
association to record the transfer on its books and records in
the same manner as if the stocks were transferred or assigned by
the party holding the same, in lieu of any original or prior
certificate, which shall be void, whether canceled or not; and
(4) As receipts
If the subject of sale is securities or other evidences of
debt, shall be a good and valid receipt to the person holding the
same, as against any person holding or claiming to hold
possession of such securities or other evidences of debt; and
(5) As authority for transfer of title to motor vehicle
If such property consists of a motor vehicle, shall be notice,
when received, to any public official charged with the
registration of title to motor vehicles, of such transfer and
shall be authority to such official to record the transfer on his
books and records in the same manner as if the certificate of
title to such motor vehicle were transferred or assigned by the
party holding the same, in lieu of any original or prior
certificate, which shall be void, whether canceled or not.
(b) Deed of real property
In the case of the sale of real property pursuant to section 6335
-
(1) Deed as evidence
The deed of sale given pursuant to section 6338 shall be prima
facie evidence of the facts therein stated; and
(2) Deed as conveyance of title
If the proceedings of the Secretary as set forth have been
substantially in accordance with the provisions of law, such deed
shall be considered and operate as a conveyance of all the right,
title, and interest the party delinquent had in and to the real
property thus sold at the time the lien of the United States
attached thereto.
(c) Effect of junior encumbrances
A certificate of sale of personal property given or a deed to
real property executed pursuant to section 6338 shall discharge
such property from all liens, encumbrances, and titles over which
the lien of the United States with respect to which the levy was
made had priority.
(d) Cross references
(1) For distribution of surplus proceeds, see section
6342(b).
(2) For judicial procedure with respect to surplus proceeds,
see section 7426(a)(2).