U.S. Code » Title 28 » Part PART V— PROCEDURE › Chapter CHAPTER 127— EXECUTIONS AND JUDICIAL SALES

28 U.S.C. § 2001

Sale of realty generally

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(a) Any realty or interest therein sold under any order or decree of any court of the United States shall be sold as a whole or in separate parcels at public sale at the courthouse of the county, parish, or city in which the greater part of the property is located, or upon the premises or some parcel thereof located therein, as the court directs. Such sale shall be upon such terms and conditions as the court directs.

Property in the possession of a receiver or receivers appointed by one or more district courts shall be sold at public sale in the district wherein any such receiver was first appointed, at the courthouse of the county, parish, or city situated therein in which the greater part of the property in such district is located, or on the premises or some parcel thereof located in such county, parish, or city, as such court directs, unless the court orders the sale of the property or one or more parcels thereof in one or more ancillary districts.

(b) After a hearing, of which notice to all interested parties shall be given by publication or otherwise as the court directs, the court may order the sale of such realty or interest or any part thereof at private sale for cash or other consideration and upon such terms and conditions as the court approves, if it finds that the best interests of the estate will be conserved thereby. Before confirmation of any private sale, the court shall appoint three disinterested persons to appraise such property or different groups of three appraisers each to appraise properties of different classes or situated in different localities. No private sale shall be confirmed at a price less than two-thirds of the appraised value. Before confirmation of any private sale, the terms thereof shall be published in such newspaper or newspapers of general circulation as the court directs at least ten days before confirmation. The private sale shall not be confirmed if a bona fide offer is made, under conditions prescribed by the court, which guarantees at least a 10 per centum increase over the price offered in the private sale.(c) This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comptroller of the Currency.(June 25, 1948, ch. 646, 62 Stat. 958; May 24, 1949, ch. 139, § 99, 63 Stat. 104.)Historical and Revision Notes1948 Act

Based on title 28, U.S.C., 1940 ed., § 847 (Mar. 3, 1893, ch. 225, § 1, 27 Stat. 751; June 19, 1934, ch. 662, 48 Stat. 1119; Apr. 24, 1935, ch. 77, § 1, 49 Stat. 159; June 19, 1935, ch. 276, 49 Stat. 390).

A provision making the section applicable to pending proceedings was deleted as obsolete.

The term “court of the United States” is defined in section 451 of this title.

Changes were made in phraseology.

1949 Act

This section corrects a typographical error in subsection (a) of section 2001 of title 28, U.S.C.

Editorial NotesAmendments

1949—Subsec. (a). Act May 24, 1949, corrected spelling of “ancillary” in second par.

Notes of Decisions
Cited in 215 cases (58 in the last 5 years), 1934–2026 · leading case: United States v. One Star Class Sloop Sailboat Built in 1930, 546 F.3d 26 (1st Cir. 2008).
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United States v. One Star Class Sloop Sailboat Built in 1930, 546 F.3d 26 (1st Cir. 2008). · cites it 4× “This notion derives from Lane’s reading of the Department of Justice publication, A Guide to Interlocutory Sales and Expedited Settlement (2003) (Guide), and his invocation of 28 U.S.C. §§ 2001 (b) and 2004. Lane’s argument confuses plums with pomegranates.”
United States v. L. David Grable Valerie A. Grable, 25 F.3d 298 (6th Cir. 1994). · cites it 4× “Hope, Lansing, Michigan 48917 would be foreclosed and sold at public auction pursuant to 28 U.S.C. §§ 2001 and 2002. Defendants appealed and a panel of the Sixth Circuit affirmed the order of the district court.”
United States v. Harry S. Stonehill Robert P. Brooks, 83 F.3d 1156 (9th Cir. 1996). · cites it 4× “See 28 U.S.C. § 2001 . We conclude that the government may foreclose upon the taxpayers’ causes of action just as it could any other real or personal property.”
US Bank NA v. B R Penn Realty Owner LP, 137 F.4th 104 (3rd Cir. 2025). · cites it 6× “In its view, the Bank was working toward a judicial sale of the building—a sale ordered and directed by the Court—so the sale was governed by the relevant federal law of judicial sales, found in 28 U.S.C. § 2001 et seq. See id. § 2001(a) (“Any realty or interest therein sold 5…”
Ward Sch. Bus Mfg., Inc. v. Fowler, 547 S.W.2d 394 (Ark. 1977). · cites it 2× “28 U.S.C. § 2001 et seq. But the Workmen's Compensation Commission cannot do this.”
United States v. Bedford Assocs., 548 F. Supp. 732 (S.D.N.Y. 1982). · cites it 4× “By motion returnable June 23, 1982, Bowery moved to confirm the Report of the Referee in all respects and for an order pursuant to 28 U.S.C. § 2001 , directing the entry of an order and judgment of sale.”
United States v. Verduchi, 434 F.3d 17 (1st Cir. 2006). · cites it 2× “§ 7403 and 28 U.S.C. §§ 2001 and 2002, or (2) money judgment against Dennis for the greater of three possible values — the current market value of the property, the date-of-transfer market value, or the $196,000 he received from the mortgage, plus interest.”
United States v. Klimek, 952 F. Supp. 1100 (E.D. Pa. 1997). · cites it 2× “The United States Marshal for the Eastern District of Pennsylvania, or his representatives, is hereby authorized, pursuant to 28 U.S.C. §§ 2001 and 2002, to offer for sale at public auction, the real property situated at 115 Golf Club Drive, Langhome, Pennsylvania, 19047; 8.”
Nate Leasing Co., Inc. v. Wiggins, 789 P.2d 89 (Wash. 1990). · cites it 4× “However, because article 9 of Washington's Uniform Commercial Code does not apply "where federal law governs the rights of the parties", the court ruled that the procedures in 28 U.S.C. § 2001 of the judicial sales act must be followed in such a foreclosure.”
Andree Ex Rel. Andree v. Cnty. of Nassau, 311 F. Supp. 2d 325 (E.D.N.Y 2004). · cites it 2× “§ 1983 and 28 U.S.C. § 2001 , stating that Nassau County’s past and present policy of fixing, calculating and asserting Medicaid liens is unlawful and that the defendants may not assert any lien for monies paid through the Medicaid program for pre-school and school-based special…”
United States v. Real Prop. Constituting Approximately Fifty (50) Acres, 703 F. Supp. 1306 (E.D. Tenn. 1989). · cites it 2× “See 28 U.S.C. § 2001 (b). The Clerk is DIRECTED to set a date for hearing on the issue of whether or not the sale should be made by private sale.”
Janice Foster, Individually & on Behalf of All Other Persons Similarly Situated v. Ctr. Twp. of Laporte Cnty., 798 F.2d 237 (7th Cir. 1986). “In order to demonstrate standing for a declaratory judgment, Foster must show an “actual controversy,” 28 U.S.C. § 2001 , that is, that she has sustained, or is in immediate danger of sustaining, a direct injury as the result of the defendants’ conduct in establishing the 1981…”
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