Title 12Banks and BankingRelease 119-73

§3712 Disposition of sale proceeds

Title 12 › Chapter CHAPTER 38— - MULTIFAMILY MORTGAGE FORECLOSURE › § 3712

Last updated Apr 6, 2026|Official source

Summary

Money from a foreclosure sale must be spent in a set order. First pay the foreclosure costs covered by section 3711; next pay tax liens or assessments that have priority over the mortgage; then pay any liens recorded before the mortgage that the sale notice says must be paid; next cover service charges and any advances for taxes, assessments, or property insurance; then pay interest; then pay the mortgage principal (including costs to protect or repair the property if the mortgage allows, and any interest on those costs); and last pay late charges.

Full Legal Text

Title 12, §3712

Banks and Banking — Source: USLM XML via OLRC

Money realized from a foreclosure sale shall be made available for obligation and expenditure—
(1)first to cover the costs of foreclosure provided for in section 3711 of this title;
(2)then to pay valid tax liens or assessments prior to the mortgage;
(3)then to pay any liens recorded prior to the recording of the mortgage which are required to be paid in conformity with the terms of sale in the notice of default and foreclosure sale;
(4)then to service charges and advancements for taxes, assessments, and property insurance premiums;
(5)then to the interest;
(6)then to the principal balance secured by the mortgage (including expenditures for the necessary protection, preservation, and repair of the security property as authorized under the mortgage agreement and interest thereon if provided for in the mortgage agreement); and
(7)then to late charges.

Reference

Citations & Metadata

Citation

12 U.S.C. § 3712

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73