§3706 — Title 12 Banks and Banking | U.S. Code

Summary

A notice of default and foreclosure sale must be signed and show the foreclosure commissioner's name, address, and the date. It must also give eight main pieces of information: the names of the Secretary and the original lender and borrower; where the property is and a simple description of it; the mortgage date and where it is recorded; what payment or other default happened and that the loan was accelerated; the date, time, and place of the sale; a statement that the sale is under this law; what costs the buyer will have to pay on transfer; and the deposit amount and how the rest of the purchase must be paid. The Secretary does not have to make a deposit. The Secretary can require a buyer to keep running the property under the rules of the mortgage program or other agreements that applied before the sale. If most units are occupied by tenants when the sale happens, the Secretary must require any buyer (except the Secretary) to follow those rules. If the Secretary buys a multifamily project, the Secretary must manage and dispose of it under section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11).

Title 12, §3706

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(a)The notice of default and foreclosure sale to be served in accordance with this chapter shall be subscribed with the name and address of the foreclosure commissioner and the date on which subscribed, and shall set forth the following information:

(1)the names of the Secretary, the original mortgagee and the original mortgagor;

(2)the street address or a description of the location of the security property, and a description of the security property, or so much thereof as is to be offered for sale, sufficient to identify the property to be sold;

(3)the date of the mortgage, the office in which the mortgage is recorded, and the liber and folio or other description of the location of recordation of the mortgage;

(4)the failure to make payment, including the due date of the earliest installment payment remaining wholly unpaid as of the date the notice is subscribed, or the description of other default or defaults upon which foreclosure is based, and the acceleration of the secured indebtedness;

(5)the date, time, and place of the foreclosure sale;

(6)a statement that the foreclosure is being conducted pursuant to this chapter;

(7)the types of costs, if any, to be paid by the purchaser upon transfer of title; and

(8)the amount and method of deposit to be required at the foreclosure sale (except that no deposit shall be required of the Secretary), the time and method of payment of the balance of the foreclosure purchase price and other appropriate terms of sale.

(b)(1)Except as provided in paragraph (2)(A), the Secretary may require, as a condition and term of sale, that the purchaser at a foreclosure sale under this chapter agree to continue to operate the security property in accordance with the terms of the program under which the mortgage insurance or assistance was provided, or any applicable regulatory or other agreement in effect with respect to such property immediately prior to the time of foreclosure sale.

(2)(A)In any case where the majority of the residential units in a property subject to such a sale are occupied by residential tenants at the time of the sale, the Secretary shall require, as a condition and term of sale, any purchaser (other than the Secretary) to operate the property in accordance with such terms, as appropriate, of the programs referred to in paragraph (1).

(B)In any case where the Secretary is the purchaser of a multifamily project, the Secretary shall manage and dispose of such project in accordance with the provisions of section 203 of the Housing and Community Development Amendments of 1978 [12 U.S.C. 1701z–11].

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (b)(1). Pub. L. 102–550 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided in paragraph (2)(A), the Secretary may require, as a condition and term of sale, that the purchaser at a foreclosure sale under this chapter agree to continue to operate the security property in accordance with the terms, as appropriate, of the loan program under section 312 of the Housing Act of 1964, the program under which insurance under title II of the National Housing Act was originally provided with respect to such property, or any applicable regulatory or other agreement in effect with respect to such property immediately prior to the time of foreclosure sale.”

§3706 Notice of Default and Foreclosure Sale; Condition and Term of Sale

Summary

Title 12, §3706

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata