§3708 Service of Notice of Default and Foreclosure Sale

Summary

The foreclosure commissioner must send the default and sale notice by certified or registered mail (postage paid and return receipt requested) to: the current owner on record 45 days before the original sale date; the original borrower and any later borrowers who are shown on the record as responsible 45 days before the original sale date, unless they were released; and anyone with a recorded lien on the property as of that same 45-day date. No extra state or local notices are required beyond this. A copy of the notice must be published once a week for three straight weeks, with the last publication 4 to 12 days before the sale. The commissioner can leave out some details from the published notice. The notice should run in newspapers with general circulation in the county. If no such weekly paper exists, the notice must be posted in at least three public places in that county at least 21 days before the sale. A copy must also be posted on the property at least 7 days before the sale (on each parcel or building if there are several). Posting can be skipped if the commissioner finds it would likely cause a breach of the peace or raise the risk of vandalism or damage.