Pub. L. 103-327, tit. VIII, sec. 807 (as amended)

COMMENCEMENT OF FORECLOSURE.

Year: 1994Length: 243 wordsOfficial source
SEC. 807. [12 U.S.C. 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 806 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 808 and 809. (b) Designation of Substitute Foreclosure Commissioner.—After commencement of a foreclosure under this title, 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 811(c). (c) Written Notice.—Upon designation of a substitute foreclosure commissioner, a copy of the written notice of such designation described in section 805 shall be served— (1) by mail, as provided in section 809 (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.
Cross-references to the US Code
12 U.S.C. 3756
Pub. L. 103-327, tit. VIII, sec. 807 (as amended): COMMENCEMENT OF FORECLOSURE. | Justis AI