§3708 Service of Notice of Default and Foreclosure Sale

Summary

The foreclosure commissioner must send the required notice of default and foreclosure sale, plus the needed designation, by certified or registered mail (postage paid and return receipt requested) to people shown on the records 45 days before the original sale date. That includes the current owner on record, the original and any later mortgagors listed as responsible for the debt (unless released), and anyone holding a recorded lien. Notices to the owner and mortgagors must be mailed at least 21 days before the sale. Notices to lienholders must be mailed at least 10 days before the sale. Mail can go to the address in the mortgage, the property address, or any other address the commissioner believes is correct. The notice counts as given when it is mailed, even if it is not actually received. A copy must be published once a week for three straight weeks in a newspaper with general circulation where the property is located, with the last publication 4 to 12 days before the sale. The commissioner may leave out some details from the published notice. If no weekly paper serves a county with the property, copies 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 in a visible place at least seven days before the sale (post each separate parcel or building). The commissioner may enter the property to post the notice, but posting can be skipped if it would likely cause a breach of the peace or raise the risk of vandalism.