Us Code § 3761 - Foreclosure costs
Full text of Us Code United States Code § 3761 — Foreclosure costs, with citation guidance and answers to common questions.
§ 3761. Foreclosure costs
The following foreclosure costs shall be paid from the sale proceeds before satisfaction of any other claim to such sale proceeds:
(1) Advertising and postage
Necessary advertising costs and postage incurred in giving notice pursuant to sections 3758 and 3760 of this title.
(2) Mileage
Mileage (determined by the most reasonable road distance) for posting notices and for the foreclosure commissioner's or auctioneer's attendance at the sale, as provided in section 1821 of title 28.
(3) Title and lien search
Reasonable and necessary costs incurred in connection with any search of title and lien records.
(4) Recordation fees
Costs incurred to record documents.
(5) Commission
A commission for the foreclosure commissioner (if the foreclosure commissioner is not an employee of the United States) for the conduct of the foreclosure, to the extent such a commission is authorized by the Secretary.
(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)
Editorial Notes
Codification
Section is based on section 812 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.
About This Section
12 U.S.C. § 3761 is part of Title 12 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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