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12 U.S.C. § 3714 — Record of foreclosure and sale

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

12 U.S.C. § 3714 — Record of foreclosure and sale

**(a)** To establish a sufficient record of foreclosure and sale, the foreclosure commissioner shall include in the recitals of the deed to the purchaser or prepare an affidavit or addendum to the deed stating— (1) that the mortgage was held by the Secretary; (2) the particulars of the foreclosure commissioner’s service of notice of default and foreclosure sale in accordance with sections 3708 and 3710 of this title; (3) that the foreclosure was conducted in accordance with the provisions of this chapter and with the terms of the notice of default and foreclosure sale; (4) a correct statement of the costs of foreclosure, calculated in accordance with [section 3711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3711&num=0&edition=prelim); and (5) the name of the successful bidder and the amount of the successful bid. **(b)** The deed executed by the foreclosure commissioner, the foreclosure commissioner’s affidavit and any other instruments submitted for recordation in relation to the foreclosure of the security property under this chapter shall be accepted for recordation by the registrar of deeds or other appropriate official of the county or counties in which the security property is located upon tendering of payment of the usual recording fees for such instruments.

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Source file: Laws/federal/codes/united-states-code/title-12/section-3714-record-of-foreclosure-and-sale--daa79961cf.md
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Source location: Title 12, Chapter 38, § 3714; chapter-038-multifamily-mortgage-foreclosure.md

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**(a)** To establish a sufficient record of foreclosure and sale, the foreclosure commissioner shall include in the recitals of the deed to the purchaser or prepare an affidavit or addendum to the deed stating— (1) that the mortgage was held by the Secretary; (2) the particulars of the foreclosure commissioner’s service of notice of default and foreclosure sale in accordance with sections 3708 and 3710 of this title; (3) that the foreclosure was conducted in accordance with the provisions of this chapter and with the terms of the notice of default and foreclosure sale; (4) a correct statement of the costs of foreclosure, calculated in accordance with [section 3711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3711&num=0&edition=prelim); and (5) the name of the successful bidder and the amount of the successful bid. **(b)** The deed executed by the foreclosure commissioner, the foreclosure commissioner’s affidavit and any other instruments submitted for recordation in relation to the foreclosure of the security property under this chapter shall be accepted for recordation by the registrar of deeds or other appropriate official of the county or counties in which the security property is located upon tendering of payment of the usual recording fees for such instruments.

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

12 U.S.C. § 3711 — Foreclosure costs

The following foreclosure costs shall be paid from the sale proceeds prior to satisfaction of any other claim to such sale proceeds: (1) necessary advertising costs and postage incurred in giving notice pursuant to sections 3708 and 3710 of this title; (2) mileage for posting notices and for the foreclosure commissioner’s attendance at the sale at the rate provided in [section 1921 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1921&num=0&edition=prelim) for mileage by the most reasonable road distance; (3) reasonable and necessary costs actually incurred in connection with any necessary search of title and lien records; (4) necessary out-of-pocket costs incurred by the foreclosure commissioner to record documents; and (5) a commission for the foreclosure commissioner for the conduct of the foreclosure to the extent authorized by regulations issued by the Secretary.

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

12 U.S.C. § 3714 — Record of foreclosure and sale

Page 1561 TITLE 12—BANKS AND BANKING § 3717 cumstances. If such a procedure for the deposit of disputed funds is not available, and the fore- closure commissioner files a bill of interpleader or is sued as a stakeholder to determine entitle- ment to such funds, the foreclosure commis- sioner’s necessary costs in taking or defending such action shall be deductible from the dis- puted funds. (Pub. L. 97–35, title III, § 369D, Aug. 13, 1981, 95 Stat. 429.) § 3713. Transfer of title and possession (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 ac- cordance with the terms of sale provided in the notice of default and foreclosure sale. (b) Quit claim deed Subject to subsection (c), 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 fore- closure commissioner, the mortgagor, and any other persons claiming by, through, or under them, had on the date of execution of the mort- gage, together with all of the right, title, and in- terest thereafter acquired by any of them in such property up to the hour of sale, and no ju- dicial proceeding shall be required ancillary or supplementary to the procedures provided in this chapter to assure the validity of the con- veyance or confirmation of such conveyance. (c) Possession by purchaser; continuing interests A purchaser at a foreclosure sale held pursu- ant to this chapter shall be entitled to posses- sion upon passage of title to the mortgaged property, subject to an interest or interests sen- ior to that of the mortgage and subject to the terms of any lease of a residential tenan

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