Arkansas Legal Resource Navigator

12 U.S.C. § 3706 — Notice of default and foreclosure sale; condition and term of sale

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3706 — Notice of default and foreclosure sale; condition and term of sale

**(a)** The notice of default and foreclosure sale to be served in accordance with this chapter shall be subscribed with the name and address of the foreclosure commissioner and the date on which subscribed, and shall set forth the following information: (1) the names of the Secretary, the original mortgagee and the original mortgagor; (2) the street address or a description of the location of the security property, and a description of the security property, or so much thereof as is to be offered for sale, sufficient to identify the property to be sold; (3) the date of the mortgage, the office in which the mortgage is recorded, and the liber and folio or other description of the location of recordation of the mortgage; (4) the failure to make payment, including the due date of the earliest installment payment remaining wholly unpaid as of the date the notice is subscribed, or the description of other default or defaults upon which foreclosure is based, and the acceleration of the secured indebtedness; (5) the date, time, and place of the foreclosure sale; (6) a statement that the foreclosure is being conducted pursuant to this chapter; (7) the types of costs, if any, to be paid by the purchaser upon transfer of title; and (8) the amount and method of deposit to be required at the foreclosure sale (except that no deposit shall be required of the Secretary), the time and method of payment of the balance of the foreclosure purchase price and other appropriate terms of sale. **(b)** (1) Except as provided in paragraph (2)(A), the Secretary may require, as a condition and term of sale, that the purchaser at a foreclosure sale under this chapter agree to continue to operate the security property in accordance with the terms of the program under which the mortgage i

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 3706

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: bf3bdc548248218252645229a99a4c91e3b6e1009bfcfd459e8a7ceee75db76d. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_02f44f4c6023263505f0c83a
Source file: Laws/federal/codes/united-states-code/title-12/section-3706-notice-of-default-and-foreclosure-sale-condition-and-term-of-sale--d8e7768d60.md
Pages: Not recorded – Not recorded
Passage SHA-256: ca5fd398efbcb20bd3d14f0af985bec2423769cf927018ea23aab1c2167277fd

Source location: Title 12, Chapter 38, § 3706; chapter-038-multifamily-mortgage-foreclosure.md

Stored source content

**(a)** The notice of default and foreclosure sale to be served in accordance with this chapter shall be subscribed with the name and address of the foreclosure commissioner and the date on which subscribed, and shall set forth the following information: (1) the names of the Secretary, the original mortgagee and the original mortgagor; (2) the street address or a description of the location of the security property, and a description of the security property, or so much thereof as is to be offered for sale, sufficient to identify the property to be sold; (3) the date of the mortgage, the office in which the mortgage is recorded, and the liber and folio or other description of the location of recordation of the mortgage; (4) the failure to make payment, including the due date of the earliest installment payment remaining wholly unpaid as of the date the notice is subscribed, or the description of other default or defaults upon which foreclosure is based, and the acceleration of the secured indebtedness; (5) the date, time, and place of the foreclosure sale; (6) a statement that the foreclosure is being conducted pursuant to this chapter; (7) the types of costs, if any, to be paid by the purchaser upon transfer of title; and (8) the amount and method of deposit to be required at the foreclosure sale (except that no deposit shall be required of the Secretary), the time and method of payment of the balance of the foreclosure purchase price and other appropriate terms of sale. **(b)** (1) Except as provided in paragraph (2)(A), the Secretary may require, as a condition and term of sale, that the purchaser at a foreclosure sale under this chapter agree to continue to operate the security property in accordance with the terms of the program under which the mortgage insurance or assistance was provided, or any applicable regulatory or other agreement in effect with respect to such property immediately prior to the time of foreclosure sale. (2) (A) In any case where the majority of the residential units in a property subject to such a sale are occupied by residential tenants at the time of the sale, the Secretary shall require, as a condition and term of sale, any purchaser (other than the Secretary) to operate the property in accordance with such terms, as appropriate, of the programs referred to in paragraph (1). (B) In any case where the Secretary is the purchaser of a multifamily project, the Secretary shall manage and dispose of such project in accordance with the provisions of section 203 of the Housing and Community Development Amendments of 1978 [[12 U.S.C. 1701z–11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z-11&num=0&edition=prelim)].

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3708 — Service of notice of default and foreclosure sale

The foreclosure commissioner shall serve the notice of default and foreclosure sale provided for in [section 3706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3706&num=0&edition=prelim) 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) The notice of default and foreclosure sale, together with the designation required by [section 3704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3704&num=0&edition=prelim), shall be sent by certified or registered mail, postage prepaid and return receipt requested, to the following persons: (A) the current security property owner of record, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this chapter; (B) the original mortgagor and all subsequent mortgagors of record or other persons who appear of record or in the mortgage agreement to be liable for part or all of the mortgage debt, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this chapter, except any such mortgagors or persons who have been released; and (C) all persons holding liens of record upon the security property, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this chapter. Notice under clauses (A) and (B) of this paragraph shall be mailed at least twenty-one days prior to the date of foreclosure sale, and shall be

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 3708

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701z — Payment of insurance benefits

The mortgagee shall be entitled to receive the benefits of the insurance under this subchapter in the manner provided in subsection (g) of [section 1713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1713&num=0&edition=prelim) with respect to mortgages insured under that section. For such purpose the provisions of subsections (g), (h), (i), (j), (k), (l), and (n) of such section 1713 shall apply to mortgages insured under this subchapter and all references in such subsections to such section 1713 shall be deemed to refer to this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701z

Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1701z. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701z — New technologies in the development of

Page 492 TITLE 12—BANKS AND BANKING § 1701z the Foundation shall, in its annual report or in a separate report to the President and the Con- gress, state its findings and make such rec- ommendations for alternate means of financing housing for such families as it deems appro- priate. (g) Audit of financial transaction; access to records; report of audit; contents of report (1) The financial transactions of the Founda- tion shall be audited by the Government Ac- countability Office in accordance with the prin- ciples and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comp- troller General of the United States. The rep- resentatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files, and all other pa- pers, things, or property belonging to or in use by the Foundation and necessary to facilitate the audit, and they shall be afforded full facili- ties for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. The audit shall cover the fiscal year corresponding to that of the United States Government. (2) A report of each such audit shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit. The report shall set forth the scope of the audit and shall include a statement of assets and liabil- ities, capital, and surplus or deficit; a statement of sources and application of funds; and such comments and information as may be deemed necessary to keep the Congress informed of the operations and financial condition of the Foun- dation, together with such recommendations

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 1701z

Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 1701z. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3706 — Notice of default and foreclosure sale;

Page 1557 TITLE 12—BANKS AND BANKING § 3706 section 3706(b) of this title may be applied at the discretion of the Secretary. (Pub. L. 97–35, title III, § 364, Aug. 13, 1981, 95 Stat. 423; Pub. L. 98–181, title I [title IV, § 471], Nov. 30, 1983, 97 Stat. 1237.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–181 inserted provision relating to ap- plication of section 3706(b) of this title in event of fore- closure under other foreclosure procedures. § 3704. Foreclosure commissioner; designation, duties, etc. A foreclosure commissioner or commissioners designated pursuant to this chapter shall have a nonjudicial power of sale as provided in this chapter. Where the Secretary is the holder of a multifamily mortgage, the Secretary may des- ignate a foreclosure commissioner and, with or without cause, may designate a substitute fore- closure commissioner to replace a previously designated foreclosure commissioner, by exe- cuting a duly acknowledged, written designation stating the name and business or residential ad- dress of the commissioner or substitute commis- sioner. The designation shall be effective upon execution. Except as provided in section 3707(b) of this title, a copy of the designation shall be mailed with each copy of the notice of default and foreclosure sale served by mail in accord- ance with section 3708(1) of this title. The fore- closure commissioner, if a natural person, shall be a resident of the State in which the security property is located and, if not a natural person, the foreclosure commissioner must be duly au- thorized to transact business under the laws of the State in which the security property is lo- cated. The foreclosure commissioner shall be a person who is responsible, financially sound and competent to conduct the

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 3706

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.