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28 U.S.C. § 1444 — Foreclosure action against United States
Federal law — U.S. Code and appendices · legal_authorities
Any action brought under [section 2410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2410&num=0&edition=prelim) against the United States in any State court may be removed by the United States to the district court of the United States for the district and division in which the action is pending.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1444
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Stable record: federal_law:legal_authorities:record_usc_380db3f536059c811525cf5b
Source file: Laws/federal/codes/united-states-code/title-28/section-1444-foreclosure-action-against-united-states--3a0aa122a5.md
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Source location: Title 28, Chapter 89, § 1444; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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Any action brought under [section 2410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2410&num=0&edition=prelim) against the United States in any State court may be removed by the United States to the district court of the United States for the district and division in which the action is pending.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under the conditions prescribed in this section and [section 1444 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1444&num=0&edition=prelim) for the protection of the United States, the United States may be named a party in any civil action or suit in any district court, or in any State court having jurisdiction of the subject matter—
(1) to quiet title to,
(2) to foreclose a mortgage or other lien upon,
(3) to partition,
(4) to condemn, or
(5) of interpleader or in the nature of interpleader with respect to,
real or personal property on which the United States has or claims a mortgage or other lien.
**(b)** The complaint or pleading shall set forth with particularity the nature of the interest or lien of the United States. In actions or suits involving liens arising under the internal revenue laws, the complaint or pleading shall include the name and address of the taxpayer whose liability created the lien and, if a notice of the tax lien was filed, the identity of the internal revenue office which filed the notice, and the date and place such notice of lien was filed. In actions in the State courts service upon the United States shall be made by serving the process of the court with a copy of the complaint upon the United States attorney for the district in which the action is brought or upon an assistant United States attorney or clerical employee designated by the United States attorney in writing filed with the clerk of the court in which the action is brought and by sending copies of the process and complaint, by registered mail, or by certified mail, to the Attorney General of the United States at Washington, District of Columbia. In such actions the United States may appear and answer, plead or demur withi
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2410
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally.—** A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
**(b) Requirements; Generally.—**
(1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
(2)
(A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
(B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.
(C) If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal.
(3) Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the de
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1446
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Federal law — U.S. Code and appendices · legal_authorities
If the United States is not a party to a civil action or suit, the United States may intervene in such action or suit to assert any lien arising under this title on the property which is the subject of such action or suit. The provisions of [section 2410 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2410&num=0&edition=prelim) of the United States Code (except subsection (b)) and of [section 1444 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1444&num=0&edition=prelim) of the United States Code shall apply in any case in which the United States intervenes as if the United States had originally been named a defendant in such action or suit. In any case in which the application of the United States to intervene is denied, the adjudication in such civil action or suit shall have no effect upon such lien.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 7424
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Federal law — U.S. Code and appendices · legal_authorities
Page 399
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1445
or for refusing to do any act on the ground
that it would be inconsistent with such law.
(June 25, 1948, ch. 646, 62 Stat. 938.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 74 (Mar. 3, 1911, ch.
231, § 31, 36 Stat. 1096).
Other provisions of section 74 of title 28, U.S.C., 1940
ed., are incorporated in sections 1446 and 1447 of this
title.
Words ‘‘or in the part of the State where such suit or
prosecution is pending’’ after ‘‘courts of such States,’’
were omitted as unnecessary.
Changes were made in phraseology.
§ 1444. Foreclosure action against United States
Any action brought under section 2410 of this
title against the United States in any State
court may be removed by the United States to
the district court of the United States for the
district and division in which the action is pend-
ing.
(June 25, 1948, ch. 646, 62 Stat. 938; May 24, 1949,
ch. 139, § 82, 63 Stat. 101.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., § 903 (Mar. 4, 1931,
ch. 515, § 3, 46 Stat. 1529).
The procedural provisions of section 903 of title 28,
U.S.C., 1940 ed., were omitted as covered by section 1446
of this title.
Changes were made in phraseology.
1949 ACT
This section corrects typographical errors in section
1444 of title 28, U.S.C.
Editorial Notes
AMENDMENTS
1949—Act May 24, 1949, inserted ‘‘court’’ between
‘‘State’’ and ‘‘may’’, and substituted ‘‘division’’ for ‘‘di-
visions’’.
§ 1445. Nonremovable actions
(a) A civil action in any State court against a
railroad or its receivers or trustees, arising
under sections 1–4 and 5–10 of the Act of April 22,
1908 (45 U.S.C. 51–54, 55–60), may not be removed
to any district court of the United
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1444
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