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§ 2101.Notices and certificates; place of filing

Title 7. Uniform Federal Lien Registration Act · Last amended 1997 · Last verified July 29, 2026

In one sentenceSection 2101 sets the filing venue for federal lien notices and certificates: real property liens go to the county recorder where the property sits, personal property liens against corporations, LLCs, partnerships, trusts, and decedents' estates go to the Secretary of State, and personal property liens against everyone else go to the recorder of the county where that person resides.

Full Text of § 2101

Text sizeJump to: (a) (b) (c)

(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this title.
(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed for record in the office of the recorder of the county in which the real property subject to the liens is situated.
(c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:
(1) If the person against whose interest the lien applies is a corporation, a limited liability company, or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State.
(2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State.
(3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State.
(4) In all other cases, in the office of the recorder of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

Plain-English Summary

Subdivision (a) states the general rule: every notice of lien, certificate, or other notice affecting a federal tax lien or another federal lien covered by this title has to be filed in accordance with this title's venue rules, not wherever a filer might otherwise choose. The rest of the section fills in exactly where that is, splitting the analysis between real property and personal property.

Real property is the less complicated case. A lien on real property for an obligation owed the United States, along with any certificate or notice affecting that lien, gets filed for record with the recorder of the county where the property sits, the same office that handles deeds and mortgages on that land.

Personal property splits four ways depending on who owns the interest the lien reaches. If that person is a corporation, an LLC, or a partnership with its principal executive office in California, or a trust not otherwise covered, or a decedent's estate, the notice goes to the Secretary of State. Everyone else, meaning individuals in the ordinary case, gets filed with the recorder of the county where that person lives when the notice is filed. The distinction tracks how the Commercial Code treats filings against business entities generally, centralizing them in one statewide office instead of scattering them across counties.

Frequently Asked Questions

Where is a federal lien on real property filed?

With the recorder of the county where the real property is located.

Where is a federal lien on a corporation's or LLC's personal property filed?

With the Secretary of State, if the corporation, LLC, or partnership has its principal executive office in California.

Where is a federal lien on an individual's personal property filed?

With the recorder of the county where that person resides at the time the notice is filed.

Does the same venue rule apply to a trust or a decedent's estate?

Yes. Liens against a trust not otherwise covered by the corporate rule, or against a decedent's estate, are also filed with the Secretary of State.

Amendment History

(Added by Stats.1979, c. 330, p. 1185, § 1. Amended by Stats.1991, c. 932 (A.B.1646), § 2; Stats.1997, c. 892 (S.B.73), § 2.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
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