Page:United States Statutes at Large Volume 80 Part 1.djvu/1177

 80 STAT. ]

PUBLIC LAW 89-719-NOV. 2, 1966

1141

SEC. 109. DISCHARGE OF LIENS HELD BY UNITED STATES. Subchapter B of chapter 76 (relating to proceedings by taxpayers) ^^^ ^*^t- s^^. is amended by redesignating section 7425 as section 7427 and by insert- 7/2^5."^*^ '^'*^^' ing after section 7424 the following new section: "SEC. 7425. DISCHARGE OF LIENS. "'(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 P°st,p. 1147. 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— "(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 hling at the time such action or suit is commenced, or "(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. " (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— "(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 "(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— " (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, " (B) the law makes no provision for such filing, or " (C) notice of such sale is given in the manner prescribed in subsection (c)(1). "(c)

SPECIAL RULES.— " (1) NOTICE OF SALE.—Notice of a sale to which subsection (b)

applies shall be given (in accordance with regulations prescribed by the Secretary or his delegate) in writing, by registered or certified mail or by personal service, not less than 25 days prior to such sale, to the Secretary or his delegate. "(2) CONSENT TO SALE.—Notwithstanding the notice requirement of subsection (b)(2)(C), a sale described in subsection (b) of

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