§3758 — Title 12 Banks and Banking | U.S. Code

Summary

The foreclosure commissioner must file and send the notice of default and foreclosure sale at least 21 days before the sale. The notice must be filed the way your state allows for filing notices about real property, or if the state has no rule, under federal filing rules. The notice must be mailed by certified or registered mail, postage paid, return receipt requested, to: the current owner of record as shown 45 days before the date originally set for the sale (even if the sale is later postponed); borrowers or others shown by the record as owing the mortgage as of that same 45-day date; each dwelling unit at the property; and any recorded lienholders as shown 45 days before the original sale date. Mail to owners, borrowers, and lienholders must go out at least 21 days before the sale to their last known address, the property address, or any other address believed to be theirs. If occupant names are unknown or the property has more than one dwelling, the notice must be posted at the property at least 21 days before the sale. A mailed notice is treated as given when it is mailed, even if not received. The notice must also be published once a week for three straight weeks in a newspaper with general circulation in the county. If no such paper exists, post the notice at the county courthouse and at the sale location at least 21 days before the sale.

Title 12, §3758

Banks and Banking — Source: USLM XML via OLRC

The foreclosure commissioner shall serve the notice of default and foreclosure sale described in section 3757 of this title upon the following persons and in the following manner, and no additional notice shall be required to be served, notwithstanding any notice requirements of any State or local law:

(1)Not less than 21 days before the date of the foreclosure sale, the notice of default and foreclosure sale shall be filed in the manner authorized for filing a notice of an action concerning real property according to the law of the State in which the security property is located or, if none, in the manner authorized by section 3201 of title 28.

(2)(A)The notice of foreclosure sale shall be sent by certified or registered mail, postage prepaid and return receipt requested, to the following:

(i)The current security property owner of record, as the record existed 45 days before the date originally set for the foreclosure sale (whether or not the notice describes a sale adjourned).

(ii)All mortgagors of record or other persons who appear on the basis of the record to be liable for part or all of the mortgage debt, as the record existed 45 days before the date originally set for the foreclosure sale (whether or not the notice describes a sale adjourned).

(iii)All dwelling units in the security property (whether or not the notice describes a sale adjourned).

(iv)All persons holding liens of record upon the security property, as the record existed 45 days before the date originally set for the foreclosure sale (whether or not the notice describes a sale adjourned).

(B)(i)Notice under clauses (i) and (ii) of subparagraph (A) shall be mailed not less than 21 days before the date of the foreclosure sale, and shall be mailed to the current owner and mortgagor at the last known address of the current owner and mortgagor, or, if none, to the address of the security property, or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such current owner and mortgagor.

(ii)Notice under clause (iii) of subparagraph (A) shall be mailed not less than 21 days before the date of the foreclosure sale. If the names of the occupants of the security property are not known to the Secretary, or the security property has more than 1 dwelling, the notice shall be posted at the security property not less than 21 days before the foreclosure sale.

(iii)Notice under clause (iv) of subparagraph (A) shall be mailed not less than 21 days before the date of the foreclosure sale, and shall be mailed to each such lienholder’s address of record or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such lienholder.

(C)Notice by mail pursuant to this section or section 3756(c) of this title shall be deemed duly given upon mailing, whether or not received by the addressee and whether or not a return receipt is received or the notice is returned.

(3)(A)A copy of the notice of default and foreclosure sale shall be published once a week during 3 successive calendar weeks before the date of the foreclosure sale. Such publication shall be in a newspaper or newspapers having general circulation in the county or counties in which the security property being sold is located. To the extent practicable, the newspaper or newspapers chosen shall be a newspaper or newspapers having circulation conducive to achieving notice of foreclosure by publication. A legal newspaper that is accepted as a newspaper of legal record in the county or counties in which the security property being sold is located shall be considered a newspaper having general circulation for the purposes of this paragraph.

(B)If there is no newspaper published at least weekly which has a general circulation in one of the counties in which the security property being sold is located, copies of the notice of default and foreclosure sale shall be posted not less than 21 days before the date of the foreclosure sale—

(i)at the courthouse of any county or counties in which the security property is located; and

(ii)at the place where the sale is to be held.

Editorial Notes

Codification Section is based on section 809 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.

§3758 Service of notice of foreclosure sale

Summary

Title 12, §3758

Notes & Related Subsidiaries

Editorial Notes

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