§ 1322.Levy upon real property

Real property cannot be carried off, so section 1322 levies on it by paper rather than by seizure. The claiming agent files a notice of attachment with the clerk of the county where the property sits, endorsed with the claiming authority's name and address and stating the names of the parties, the amount specified in the order of attachment, and a description of the property. The clerk records and indexes the notice the same way, and with the same effect, as a notice of pendency.

That indexing matters because it gives constructive notice to anyone considering buying the property or lending against it, echoing the notice-of-pendency remedy listed among the tools available under section 1312(1). It also connects to the protections in section 1311(4-a) for lawful occupants of a dwelling who are not themselves defendants, protections that apply once a forfeiture action targets real property but that operate independent of how the levy itself gets recorded.