12 U.S.C. § 3756: Commencement of foreclosure

Summary

When the Secretary owns a single-family mortgage and finds that the conditions to foreclose are met, the Secretary can tell the foreclosure commissioner to start the foreclosure. The commissioner must begin by sending the required notice of default and notice of the foreclosure sale. The Secretary can pick a different foreclosure commissioner any time before the sale. The foreclosure keeps going unless the new commissioner decides continuing would unfairly hurt the borrower; then the new commissioner must cancel or postpone the sale. The substitute must send written notice of the change either by mail (the usual minimum mailing time before the sale does not apply) or by any other method the substitute thinks will give timely notice.

Title 12, §3756

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(a)Request to foreclosure commissioner

If the Secretary, as holder of a single family mortgage, determines that the prerequisites to foreclosure set forth in section 3755 of this title are satisfied, the Secretary may request the foreclosure commissioner to commence foreclosure of a single family mortgage. Upon such request, the foreclosure commissioner shall commence foreclosure of the mortgage, by commencing service of a notice of default and foreclosure sale in accordance with section 3757 and 3758 of this title.

(b)Designation of substitute foreclosure commissioner

After commencement of a foreclosure under this chapter, the Secretary may designate a substitute foreclosure commissioner at any time before the time of the foreclosure sale, and the foreclosure shall continue without prejudice, unless the substitute commissioner, in that commissioner’s sole discretion, finds that continuation of the foreclosure sale will unfairly affect the interests of the mortgagor. If the substitute commissioner makes such a finding, the substitute commissioner shall cancel the foreclosure sale, or adjourn such sale in accordance with section 3760(c) of this title.

(c)Written notice

Upon designation of a substitute foreclosure commissioner, a copy of the written notice of such designation described in section 3754 of this title shall be served—

(1)by mail, as provided in section 3758 of this title (except that the minimum time periods between mailing and the date of foreclosure sale prescribed in such section shall not apply); or

(2)in any other manner which, in the substitute commissioner’s sole discretion, is conducive to achieving timely notice of such substitution.

Editorial Notes

Codification Section is based on section 807 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.

§3756 Commencement of Foreclosure

Summary

Title 12, §3756

Notes & Related Subsidiaries

Editorial Notes

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