Earl Warren

“ As Congress recognized, one method of protection for junior lienors is to bid competitively at the foreclosure sale, thereby preventing property worth more than the amount due on the senior lien from being sold at a discount. However, it was noted that, barring special circumstances, the United States could not pursue this procedure unless it first secured an appropriation from Congress and, thus, the one-year period of redemption was inserted to afford the United States sufficient time to secure an appropriation and protect its interests. ”

“ This section specifies that, when the United States is joined in a foreclosure proceeding under § 2410 in particular § 2410 (a) -and a sale is held to satisfy a lien prior to that of the United States, 'the United States shall have one year from the date of sale within which to redeem.' Although the United States satisfied the procedural requirements of Kansas law, Kan.Gen.Stat., 1949, § 60-3451, its tender was refused and, consequently, it moved the court to compel the clerk to issue it a redemption certificate. ”

“ On analysis the question is not only narrow but also susceptible to rapid solution, since the plain language of § 2410 (c) reveals no impediment to its applicability once resort is had to § 2410 (a) . ”