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U.S. Code as of:
01/19/04
Section 3756. Commencement of foreclosure
(a) Request to foreclosure commissioner
If the Secretary, as holder of a single family mortgage,
determines that the prerequisites to foreclosure set forth in
section 3755 of this title are satisfied, the Secretary may request
the foreclosure commissioner to commence foreclosure of a single
family mortgage. Upon such request, the foreclosure commissioner
shall commence foreclosure of the mortgage, by commencing service
of a notice of default and foreclosure sale in accordance with
sections 3757 and 3758 of this title.
(b) Designation of substitute foreclosure commissioner
After commencement of a foreclosure under this chapter, the
Secretary may designate a substitute foreclosure commissioner at
any time before the time of the foreclosure sale, and the
foreclosure shall continue without prejudice, unless the substitute
commissioner, in that commissioner's sole discretion, finds that
continuation of the foreclosure sale will unfairly affect the
interests of the mortgagor. If the substitute commissioner makes
such a finding, the substitute commissioner shall cancel the
foreclosure sale, or adjourn such sale in accordance with section
3760(c) of this title.
(c) Written notice
Upon designation of a substitute foreclosure commissioner, a copy
of the written notice of such designation described in section 3754
of this title shall be served -
(1) by mail, as provided in section 3758 of this title (except
that the minimum time periods between mailing and the date of
foreclosure sale prescribed in such section shall not apply); or
(2) in any other manner which, in the substitute commissioner's
sole discretion, is conducive to achieving timely notice of such
substitution.
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