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12 USC 3712 - Disposition of sale proceeds

U.S. Code > Title 12 > Chapter 38 > § 3712 - Disposition of sale proceeds


Current as of: February 2010
    (a) Payment and delivery of deeds
      The foreclosure commissioner shall deliver a deed or deeds to the
    purchaser or purchasers and obtain the balance of the purchase
    price in accordance with the terms of sale provided in the notice
    of default and foreclosure sale.
    (b) Quit claim deed
      Subject to subsection (c) of this section, the foreclosure deed
    or deeds shall convey all of the right, title, and interest in the
    security property covered by the deed which the Secretary as
    holder, the foreclosure commissioner, the mortgagor, and any other
    persons claiming by, through, or under them, had on the date of
    execution of the mortgage, together with all of the right, title,
    and interest thereafter acquired by any of them in such property up
    to the hour of sale, and no judicial proceeding shall be required
    ancillary or supplementary to the procedures provided in this
    chapter to assure the validity of the conveyance or confirmation of
    such conveyance.
    (c) Possession by purchaser; continuing interests
      A purchaser at a foreclosure sale held pursuant to this chapter
    shall be entitled to possession upon passage of title to the
    mortgaged property, subject to an interest or interests senior to
    that of the mortgage and subject to the terms of any lease of a
    residential tenant for the remaining term of the lease or for one
    year, whichever period is shorter. Any other person remaining in
    possession after the sale and any residential tenant remaining in
    possession after the applicable period shall be deemed a tenant at
    sufferance.
    (d) Right of redemption; right of possession
      There shall be no right of redemption, or right of possession
    based upon right of redemption, in the mortgagor or others
    subsequent to a foreclosure pursuant to this chapter.
    (e) Imposition of tax on conveyance to the Secretary
      When conveyance is made to the Secretary, no tax shall be imposed
    or collected with respect to the foreclosure commissioner's deed,
    whether as a tax upon the instrument or upon the privilege of
    conveying or transferring title to the property. Failure to collect
    or pay a tax of the type and under the circumstances stated in the
    preceding sentence shall not be grounds for refusing to record such
    a deed, for failing to recognize such recordation as imparting
    notice or for denying the enforcement of such a deed and its
    provisions in any State or Federal court.

Legislative History

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Questions & Answers: Home Foreclosure

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U.S. Code Provisions: Home Foreclosure

U.S. Code > Title 12 > Chapter 38 - Multifamily Mortgage Foreclosure
U.S. Code > Title 12 > Chapter 38A - Single Family Mortgage Foreclosure

State Laws: Home Foreclosure

ArizonaArizona Laws > Title 33 > Chapter 6 > Article 2 - Foreclosure
DelawareDelaware Code Title 6 > Chapter 24B - Foreclosure Consultants And Reconveyances
HawaiiHawaii Revised Statutes > Chapter 480E - Mortgage Rescue Fraud Prevention Act
Hawaii Revised Statutes Chapter 667 - Mortgage Foreclosures
IdahoIdaho Code Title 6 > Chapter 1 - Foreclosure Of Mortgages And Other Liens
Idaho Code Title 45 > Chapter 16 - Consumer Foreclosure Protection Act
IndianaIndiana Code > Title 24 > Article 5.5 - Mortgage Rescue Protection Fraud
IowaIowa Code Chapter 654 - Foreclosure of real estate mortgages
Iowa Code Chapter 655A - Nonjudicial foreclosure of nonagricultural mortgages
Iowa Code Chapter 714E - Foreclosure consultants
Iowa Code Chapter 714F - Foreclosure reconveyances
MaineMaine Revised Statutes Title 14 > Chapter 713 - Miscellaneous Provisions Relating To Foreclosure Of Real Property Mortgages
MassachusettsMassachusetts General Laws > Part III > Title III > Chapter 244 - Foreclosure And Redemption Of Mortgages
MichiganMichigan Laws > Chapter 451 > Act 210 of 1933 - Trust Mortgage Foreclosure
MinnesotaMinnesota Statutes Chapter 325N - Mortgage Foreclosures
Minnesota Statutes Chapter 580 - Mortgages; Foreclosure by Advertisement
Minnesota Statutes Chapter 581 - Mortgages; Foreclosure by Action
Minnesota Statutes Chapter 582 - Mortgages; Foreclosure, General Provisions
New HampshireNew Hampshire Revised Statutes > Chapter 479-B - Foreclosure Consultants And Pre-Foreclosure Conveyances
New MexicoNew Mexico Statutes Chapter 39 > Article 5 - Sales Under Execution and Foreclosure
New Mexico Statutes Chapter 47 > Article 15 - Mortgage Foreclosure Consultant Fraud Prevention
New YorkNew York Laws - Not-For-Profit Corporation > Article 16 - Land Banks
New York Laws - Real Property Actions & Proceedings > Article 13 - Action To Foreclose A Mortgage
New YorkNew York Laws > Real Property Actions & Proceedings > Article 13 - Action To Foreclose A Mortgage
New York Laws > Real Property Actions & Proceedings > Article 14 - Foreclosure Of Mortgage By Power Of Sale
North CarolinaNorth Carolina General Statutes Chapter 75 > Article 5A - Home Foreclosure Rescue Scams
North DakotaNorth Dakota Code > Chapter 32-19 - Foreclosure of Real Estate Mortgages by Action
North Dakota Code > Chapter 35-22 - Foreclosure of Mortgages of Real Property by Advertisement
OregonOregon Statutes > Chapter 88 - Foreclosure of Mortgages and Other Liens
Rhode IslandRhode Island General Laws > Chapter 5-79. Mortgage Foreclosure Consultant Regulation
Rhode Island General Laws > Chapter 5-80. Mortgage Foreclosure Purchasers
Rhode Island General Laws > Chapter 34-27. Mortgage Foreclosure and Sale
South DakotaSouth Dakota Laws > Title 21 > Chapter 47 - Actions To Foreclose Real Property Mortgages
South Dakota Laws > Title 21 > Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement
South Dakota Laws > Title 21 > Chapter 48A - Nonjudicial Voluntary Foreclosure
South Dakota Laws > Title 21 > Chapter 50 - Foreclosure Of Real Estate Contracts
South Dakota Laws > Title 21 > Chapter 52 - Redemption From Sale On Execution Or Foreclosure
WisconsinWisconsin Statutes Chapter 846 - Real estate foreclosure

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