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Post-Sale Redemption of Real Property
IRC §6337(b)
Provides a 180-day window after a tax sale to redeem seized real estate by paying the purchaser the amount paid plus 20% interest per annum.
Eligibility
Owners, heirs, or persons with an interest in the real property sold at an IRS auction.
Frequently Asked Questions
Who is eligible for the Post-Sale Redemption of Real Property?
Owners, heirs, or persons with an interest in the real property sold at an IRS auction.
How does the Post-Sale Redemption of Real Property work?
Provides a 180-day window after a tax sale to redeem seized real estate by paying the purchaser the amount paid plus 20% interest per annum.
What law authorizes the Post-Sale Redemption of Real Property?
The Post-Sale Redemption of Real Property is authorized under IRC §6337(b) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §6337
Source: Internal Revenue Code, Title 26, United States Code
§ 6337. Redemption of property(a) Before saleAny person whose property has been levied upon shall have the right to pay the amount due, together with the expenses of the proceeding, if any, to the Secretary at any time prior to the sale thereof, and upon such payment the Secretary shall restore such property to him, and all further proceedings in connection with the levy on such property shall cease from the time of such payment.
(b) Redemption of real estate after sale(1) PeriodThe owners of any real property sold as provided in section 6335, their heirs, executors, or administrators, or any person having any interest therein, or a lien thereon, or any person in their behalf, shall be permitted to redeem the property sold, or any particular tract of such property, at any time within 180 days after the sale thereof.
(2) PriceSuch property or tract of property shall be permitted to be redeemed upon payment to the purchaser, or in case he cannot be found in the county in which the property to be redeemed is situated, then to the Secretary, for the use of the purchaser, his heirs, or assigns, the amount paid by such purchaser and interest thereon at the rate of 20 percent per annum.
(c) RecordWhen any lands sold are redeemed as provided in this section, the Secretary shall cause entry of the fact to be made upon the record mentioned in section 6340, and such entry shall be evidence of such redemption.
(Aug. 16, 1954, ch. 736, 68A Stat. 787; Pub. L. 89–719, title I, § 104(e), Nov. 2, 1966, 80 Stat. 1137; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–248, title III, § 349A(a), Sept. 3, 1982, 96 Stat. 639.)
Editorial Notes
Amendments1982—Subsec. (b)(1). Pub. L. 97–248 substituted “180 days” for “120 days”.
1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.
1966—Subsec. (b)(1). Pub. L. 89–719 substituted “120 days” for “1 year”.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 AmendmentPub. L. 97–248, title III, § 349A(b), Sept. 3, 1982, 96 Stat. 639, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to property sold after the date of the enactment of this Act [Sept. 3, 1982].”
Effective Date of 1966 AmendmentAmendment by Pub. L. 89–719 applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, with certain exceptions, see section 114(a)–(c) of Pub. L. 89–719, set out as a note under section 6323 of this title.
Legal Sources
US Code (Official) — 26 USC §6337 → Cornell Law Institute — 26 USC §6337 → Search IRS.gov for IRC §6337(b) → Treasury Regulations (26 CFR) →Discovered by: discovery_engine_v1
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