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Federal Lien Registration Act

There are provisions related to notices of liens and how they must be filed.

By Chris Micheli, August 4, 2022 3:44 pm

California has a number of formal acts in statute. Code of Civil Procedure Part 4, Title 7 provides the Uniform Federal Lien Registration Act, which is contained in Sections 2100 to 2107. Title 7 was added in 1979 by Chapter 330.

Section 2100 provides that this title applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens. Section 2101 requires notices of liens, certificates, and other notices affecting federal tax liens or other federal liens to be filed in accordance with this title. In addition, there are provisions related to notices of liens and how they must be filed.

Section 2102 provides that certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his or her delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary.

Section 2103 provides that, if a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate is presented to a specified filing officer, there are requirements for the filing, indexing, etc. In addition, if a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing, then certain requirements must be met. Thereafter, the filing officer must issue certificates as specified/

Section 2104 provides that the charges for recording and indexing each notice of lien or certificate is the same as those established in the Government Code for the recording and indexing of documents. Section 2106 requires this title to be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.

Section 2106.5 requires this title to be applied and construed to permit the transmission, filing, recording, and indexing of notices of federal tax liens and all certificates that relate to or affect those liens, including, but not limited to, certificates of release, discharge, subordination, and nonattachment, by electronic or magnetic means, using computerized data processing, telecommunications, and other similar information technologies available to the filing offices. Section 2107 provides that the title may be cited as the Uniform Federal Lien Registration Act.

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