§3763 Transfer of title and possession

Summary

When the foreclosure commissioner gives a deed to the buyer, the commissioner must collect the rest of the sale money exactly as the sale notice required. Giving that deed transfers ownership and no extra court action is needed to make the transfer valid. The deed is given without guarantees about the property. The buyer gets the right to possess the property once title passes, except for any legal interests that still apply. Anyone who stays after title passes can be treated as an unlawful tenant and may be evicted under local law. If the buyer dies before getting the deed, the commissioner must deliver it to the buyer’s estate representative after payment. The buyer is assumed to be acting in good faith. There is no right to redeem the property after this kind of foreclosure. If the property goes to the Secretary, no tax may be charged on the commissioner’s deed, and failure to collect a tax cannot block recording or enforcement of the deed.