Georgia Attorneys Title Guaranty Fund

Underwriting Bulletin No. 88

October 17, 2002

SUBJECT: DOJ Notice of Lien for Fine and/or Restitution Pursuant to the Anti-Terrorism and Effective Death Penalty Act of 1996
Attached is a copy of the First American Home Office National Bulletin 135 regarding the above subject matter. Please distribute to all appropriate personnel in your office.

Please contact the Underwriting Department at the Georgia State Office at 800-328-2642 or 404- 250-1604 if you have any questions.

Home Office Underwriting Department
Case No: HONA 135 Filed: 10-11-2002
Name: DOJ Notice of Lien for Fine and/or Restitution Pursuant to the Anti-Terrorism and Effective Death Penalty Act of 1996
Written By: Keith Pearson

The Home Office has received numerous questions regarding liens under the above-referenced act that are recorded in the real property records. A copy of one of the liens is attached as a link to this bulletin.

These liens are enforced in the same way that civil judgments in favor of the United States are enforced, and attach to all property and rights to property (including the interest of one tenant by the entirety). The lien continues for the later of 20 years from entry of judgment or 20 years after the release from prison of the person fined, or upon the death of the individual fined. The lien is filed in the same manner as a IRS lien.

The questions that have arisen are:

Whether these liens can be foreclosed out by a prior lien.
The lien can be wiped out in a judicial foreclosure.

How do you foreclose out these liens.
28 USC 2410(b) allows for the United States to be made a party to an action to foreclose a mortgage or other lien upon real or personal property on which the United States has or claims a mortgage or other lien. Section 2410 only contemplates judicial foreclosure.

Is there a redemption period for these liens.
28 USC 2410(c) and the Federal Debt Collection Procedures Act provide for a one year redemption period.

Whether these liens attach to the interest of one tenant by the entirety.
Yes.

Attachments:
*DOJ – Notice of Lien Imposed Pursuant to Anti-Terrorism and Effective Death Penalty Act of 1996

*Please view the printable version for a copy of this DOJ Notice.

Printable version: ub88.pdf*

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