§3763 Transfer of Title and Possession

Summary

When the foreclosure commissioner gives the deed to the buyer, the buyer must pay the rest of the purchase price according to the sale terms. The deed is given without any promises about the title or property. Giving the deed transfers ownership and no extra court action is needed, even if state law says otherwise. The buyer gets the right to possess the property once title passes, except for any interests that section 3765 still protects. Anyone who stays after title passes is a tenant at sufferance and can be evicted under local law. If a buyer dies before getting the deed, the commissioner can deliver the deed to the buyer’s estate representative after payment. Buyers are presumed to be good-faith purchasers and there is no right of redemption after this kind of foreclosure; sections 1710(l) and 42 U.S.C. 1452c do not apply. When the mortgage is conveyed to the Secretary, no tax may be charged or collected on the commissioner’s deed. Not collecting or paying that tax cannot be used to refuse to record the deed, to deny that the record gives notice, or to stop the deed from being enforced in state or federal court.