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U.S. Code as of:
01/19/04
Section 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
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, 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 mailed to the owner or mortgagor at the
address stated in the mortgage agreement, 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 owner or mortgagor. Notice under clause (C) of this
paragraph shall be mailed at least ten days prior to the date of
foreclosure sale, and shall be mailed to each such lienholder's
address as stated of record or, at the discretion of the
foreclosure commissioner, to any other address believed to be
that of such lienholder. Notice by mail pursuant to this
subsection or section 3707(b) 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 letter is
returned.
(2) A copy of the notice of default and foreclosure sale shall
be published, as provided herein, once a week during three
successive calendar weeks, and the date of last publication shall
be not less than four nor more than twelve days prior to the sale
date. The information included in the notice of default and
foreclosure sale pursuant to section 3706(a)(4) of this title may
be omitted, in the foreclosure commissioner's discretion, from
the published notice. 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, if any is available, having circulation
conducive to achieving notice of foreclosure by publication.
Should there be 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 in at least three
public places in each such county at least twenty-one days prior
to the date of sale.
(3) A copy of the notice of default and foreclosure sale shall
be posted in a prominent place at or on the real property to be
sold at least seven days prior to the foreclosure sale, and entry
upon the premises for this purpose shall be privileged as against
all persons. If the property consists of two or more
noncontiguous parcels of land, a copy of the notice of default
and foreclosure sale shall be posted in a prominent place on each
such parcel. If the security property consists of two or more
separate buildings, a copy of the notice of default and
foreclosure sale shall be posted in a prominent place on each
such building. Posting at or on the premises shall not be
required where the foreclosure commissioner, in the
commissioner's sole discretion, finds that the act of posting
will likely cause a breach of the peace or that posting may
result in an increased risk of vandalism or damage to the
property.
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