§3758 Service of Notice of Foreclosure Sale

Summary

The foreclosure commissioner must file and send the notice of default and foreclosure sale at least 21 days before the sale. The filing must follow the State’s rules for filing a notice about real property, or if the State has no rule, follow section 3201 of title 28. The notice must be mailed by certified or registered mail, postage paid with return receipt requested, to the recorded owner as of 45 days before the original sale date; to all mortgagors or others shown on the record as responsible for the debt as of 45 days before the original sale date; to each dwelling unit on the property; and to all recorded lienholders as of 45 days before the original sale date. Owners and mortgagors must be mailed notice at least 21 days before the sale to their last known address, the property address, or any other address the commissioner believes is correct. Dwelling notices must be mailed at least 21 days before the sale; if occupant names are unknown or there are multiple dwellings, the notice must be posted at the property at least 21 days before the sale. Lienholders must be mailed at least 21 days before the sale to their record address or another believed address. Mail notice is effective when mailed, even if not received. A copy of the notice must also be published once a week for 3 successive calendar weeks before the sale in a newspaper with general circulation where the property is; if no such weekly paper exists in a county, the notice must be posted at the county courthouse and at the sale site at least 21 days before the sale.