28 U.S.C. § 3201 : US Code - Section 3201: Judgment liens

Search 28 U.S.C. § 3201 : US Code - Section 3201: Judgment liens

(a) Creation. - A judgment in a civil action shall create a lien
on all real property of a judgment debtor on filing a certified
copy of the abstract of the judgment in the manner in which a
notice of tax lien would be filed under paragraphs (1) and (2) of
section 6323(f) of the Internal Revenue Code of 1986. A lien
created under this paragraph is for the amount necessary to satisfy
the judgment, including costs and interest.
(b) Priority of Lien. - A lien created under subsection (a) shall
have priority over any other lien or encumbrance which is perfected
later in time.
(c) Duration of Lien; Renewal. - (1) Except as provided in
paragraph (2), a lien created under subsection (a) is effective,
unless satisfied, for a period of 20 years.
(2) Such lien may be renewed for one additional period of 20
years upon filing a notice of renewal in the same manner as the
judgment is filed and shall relate back to the date the judgment is
filed if -
(A) the notice of renewal is filed before the expiration of the
20-year period to prevent the expiration of the lien; and
(B) the court approves the renewal of such lien under this
paragraph.
(d) Release of Judgment Lien. - A judgment lien shall be released
on the filing of a satisfaction of judgment or release of lien in
the same manner as the judgment is filed to obtain the lien.
(e) Effect of Lien on Eligibility for Federal Grants, Loans or
Programs. - A debtor who has a judgment lien against the debtor's
property for a debt to the United States shall not be eligible to
receive any grant or loan which is made, insured, guaranteed, or
financed directly or indirectly by the United States or to receive
funds directly from the Federal Government in any program, except
funds to which the debtor is entitled as beneficiary, until the
judgment is paid in full or otherwise satisfied. The agency of the
United States that is responsible for such grants and loans may
promulgate regulations to allow for waiver of this restriction on
eligibility for such grants, loans, and funds.
(f) Sale of Property Subject to Judgment Lien. - (1) On proper
application to a court, the court may order the United States to
sell, in accordance with sections 2001 and 2002, any real property
subject to a judgment lien in effect under this section.
(2) This subsection shall not preclude the United States from
using an execution sale pursuant to section 3203(g) to sell real
property subject to a judgment lien.