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12 U.S.C. § 3765 — Effect of sale

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

12 U.S.C. § 3765 — Effect of sale

A sale, made and conducted as prescribed in this chapter to a bona fide purchaser, shall bar all claims upon, or with respect to, the property sold, for each of the following persons: (1) **Notice recipients** — Any person to whom the notice of default and foreclosure sale was mailed as provided in this chapter, and the heir, devisee, executor, administrator, successor, or assignee claiming under any such person. (2) **Subordinate claimants with knowledge** — Any person claiming any interest in the property subordinate to that of the mortgage, if such person had actual knowledge of the foreclosure sale. (3) **Nonrecorded claimants** — Any person claiming any interest in the property, whose assignment, mortgage, or other conveyance was not duly recorded or filed in the proper place for recording or filing, or whose judgment or decree was not duly docketed or filed in the proper place for docketing or filing, before the date on which the notice of the foreclosure sale was first served by publication, as required by [section 3758(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3758/3&num=0&edition=prelim), and the executor, administrator, or assignee of such a person. (4) **Other persons** — Any person claiming an interest in the property under a statutory lien or encumbrance created subsequent to the recording or filing of the mortgage being foreclosed, and attaching to the title or interest of any person designated in any of the foregoing paragraphs.

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Source location: Title 12, Chapter 38A, § 3765; chapter-38a-single-family-mortgage-foreclosure.md

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A sale, made and conducted as prescribed in this chapter to a bona fide purchaser, shall bar all claims upon, or with respect to, the property sold, for each of the following persons: (1) **Notice recipients** — Any person to whom the notice of default and foreclosure sale was mailed as provided in this chapter, and the heir, devisee, executor, administrator, successor, or assignee claiming under any such person. (2) **Subordinate claimants with knowledge** — Any person claiming any interest in the property subordinate to that of the mortgage, if such person had actual knowledge of the foreclosure sale. (3) **Nonrecorded claimants** — Any person claiming any interest in the property, whose assignment, mortgage, or other conveyance was not duly recorded or filed in the proper place for recording or filing, or whose judgment or decree was not duly docketed or filed in the proper place for docketing or filing, before the date on which the notice of the foreclosure sale was first served by publication, as required by [section 3758(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3758/3&num=0&edition=prelim), and the executor, administrator, or assignee of such a person. (4) **Other persons** — Any person claiming an interest in the property under a statutory lien or encumbrance created subsequent to the recording or filing of the mortgage being foreclosed, and attaching to the title or interest of any person designated in any of the foregoing paragraphs.

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

12 U.S.C. § 3763 — Transfer of title and possession

**(a) Delivery of deeds** The foreclosure commissioner shall, upon delivery of a deed or deeds to the purchaser or purchasers (which shall be without warranty or covenants to the purchaser or purchasers) obtain the balance of the purchase price in accordance with the terms of sale provided in the notice of default and foreclosure sale. Notwithstanding any State law to the contrary, delivery of a deed by the foreclosure commissioner shall be a conveyance of the property, and constitute passage of title to the mortgaged property, and no judicial proceedings 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. **(b) Right of possession** A purchaser at a foreclosure sale held pursuant to this chapter shall be entitled to possession upon passage of title under subsection (a) to the mortgaged property, subject to any interest or interests not barred under [section 3765 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3765&num=0&edition=prelim). Any person remaining in possession of the mortgaged property after the passage of title shall be deemed a tenant at sufferance subject to eviction under local law. **(c) Death of purchaser** If a purchaser dies before execution and delivery of the deed conveying the property to the purchaser, the foreclosure commissioner shall execute and deliver the deed to a representative of the decedent purchaser’s estate upon payment of the purchase price in accordance with the terms of sale. Such delivery to the representative of the purchaser’s estate shall have the same effect as if accomplished during the lifetime of the purchaser. **(d) Bona fide purchaser** The purchaser of property und

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

12 U.S.C. § 3765 — Effect of sale

Page 1569 TITLE 12—BANKS AND BANKING § 3766 (2) Certain provisions Section 1710(l) of this title and section 1452c of title 42 shall not apply to mortgages fore- closed under this chapter. (f) Taxes When a mortgage foreclosed pursuant to this chapter is conveyed to the Secretary, no tax shall be imposed or collected with respect to the foreclosure commissioner’s deed (including any tax customarily imposed upon the deed instru- ment or upon the conveyance or transfer of 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. (Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.) Editorial Notes CODIFICATION Section is based on section 814 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327. § 3764. Record of foreclosure and sale (a) Statements included To establish a sufficient record of foreclosure and sale, the foreclosure commissioner shall in- clude in the recitals of the deed to the pur- chaser, or prepare as an affidavit or addendum to the deed, a statement setting forth— (1) the date, time, and place of the fore- closure sale; (2) that the mortgage was held by the Sec- retary, the date of the mortgage, the office in which the mortgage was recorded, and the liber number and folio or other appropriate de- scription of the recordation of the mortgage; (3) the particulars of the foreclosure com- missioner’s service of the notice of default and foreclosure sale in accordance

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