Current as of: February 2010
The foreclosure commissioner shall serve the notice of default
and foreclosure sale described in section 3757 of this title upon
the following persons and in the following manner, and no
additional notice shall be required to be served, notwithstanding
any notice requirements of any State or local law:
(1) Timing
Not less than 21 days before the date of the foreclosure sale,
the notice of default and foreclosure sale shall be filed in the
manner authorized for filing a notice of an action concerning
real property according to the law of the State in which the
security property is located or, if none, in the manner
authorized by section 3201 of title 28.
(2) Notice by mail
(A) In general
The notice of foreclosure sale shall be sent by certified or
registered mail, postage prepaid and return receipt requested,
to the following:
(i) Current owner
The current security property owner of record, as the
record existed 45 days before the date originally set for the
foreclosure sale (whether or not the notice describes a sale
adjourned).
(ii) Mortgagors
All mortgagors of record or other persons who appear on the
basis of the record to be liable for part or all of the
mortgage debt, as the record existed 45 days before the date
originally set for the foreclosure sale (whether or not the
notice describes a sale adjourned).
(iii) Dwelling units
All dwelling units in the security property (whether or not
the notice describes a sale adjourned).
(iv) Other lienholders
All persons holding liens of record upon the security
property, as the record existed 45 days before the date
originally set for the foreclosure sale (whether or not the
notice describes a sale adjourned).
(B) Timing
(i) Notice under clauses (i) and (ii)
Notice under clauses (i) and (ii) of subparagraph (A) shall
be mailed not less than 21 days before the date of the
foreclosure sale, and shall be mailed to the current owner
and mortgagor at the last known address of the current owner
and mortgagor, or, if none, to the address of the security
property, or, at the discretion of the foreclosure
commissioner, to any other address believed to be that of
such current owner and mortgagor.
(ii) Notice under clause (iii)
Notice under clause (iii) of subparagraph (A) shall be
mailed not less than 21 days before the date of the
foreclosure sale. If the names of the occupants of the
security property are not known to the Secretary, or the
security property has more than 1 dwelling, the notice shall
be posted at the security property not less than 21 days
before the foreclosure sale.
(iii) Notice under clause (iv)
Notice under clause (iv) of subparagraph (A) shall be
mailed not less than 21 days before the date of the
foreclosure sale, and shall be mailed to each such
lienholder's address of record or, at the discretion of the
foreclosure commissioner, to any other address believed to be
that of such lienholder.
(C) Effectiveness of notice
Notice by mail pursuant to this section or section 3756(c) of
this title shall be deemed duly given upon mailing, whether or
not received by the addressee and whether or not a return
receipt is received or the notice is returned.
(3) Publication
(A) In general
A copy of the notice of default and foreclosure sale shall be
published once a week during 3 successive calendar weeks before
the date of the foreclosure sale. Such publication shall be in
a newspaper or newspapers having general circulation in the
county or counties in which the security property being sold is
located. To the extent practicable, the newspaper or newspapers
chosen shall be a newspaper or newspapers having circulation
conducive to achieving notice of foreclosure by publication. A
legal newspaper that is accepted as a newspaper of legal record
in the county or counties in which the security property being
sold is located shall be considered a newspaper having general
circulation for the purposes of this paragraph.
(B) Exception
If there is no newspaper published at least weekly which has
a general circulation in one of the counties in which the
security property being sold is located, copies of the notice
of default and foreclosure sale shall be posted not less than
21 days before the date of the foreclosure sale -
(i) at the courthouse of any county or counties in which
the security property is located; and
(ii) at the place where the sale is to be held.
Legislative History ________________________________________________________________________
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