§3763 Transfer of Title and Possession

Summary

When the foreclosure commissioner hands a deed to the buyer, the buyer must pay the rest of the price as the sale notice requires. The deed is given without promises about the property. That delivery transfers ownership and no extra court action is needed to make the transfer valid. The buyer gets the right to live in or use the property once title passes, except for any interests that section 3765 does not bar. Anyone who stays after title passes is a tenant at sufferance and can be evicted under local law. If the buyer dies before the deed is made, the commissioner must give the deed to the buyer’s estate representative after payment. The buyer is presumed to be a good-faith buyer. The borrower and others have no right to redeem the property after this foreclosure, and sections 1710(l) and 1452c (title 42) do not apply. If the property is transferred to the Secretary, no tax may be charged on the commissioner’s deed, and failing to collect such a tax cannot stop recording, notice, or court enforcement of the deed.