Vermont § 4941 - Decree foreclosing equity of redemption; writ of possession

§ 4941. Decree foreclosing equity of redemption; writ of possession

• (a) In any action for foreclosure with regard to any mortgage encumbering property, the
  court may, if no sale is requested by the plaintiff or ordered by the court pursuant
  to subsection (b) of this section, issue a judgment and decree of foreclosure without
  requiring a judicial sale of the premises. (b) In an action brought under subsection (a) of this section, any party may by written
  motion request, or the court in its discretion may order, that property be sold at
  a judicial foreclosure sale, whether or not the mortgage contains a power of sale. (c) No decree foreclosing the right of redemption without sale shall be issued absent
  a finding by the court that there is no substantial value in the property in excess
  of the mortgage debt found by the court to be due to the plaintiff and any other lienholder,
  plus assessed but unpaid property taxes due on the property. The court shall include
  in its order a summary of the evidence upon which its finding is based. (d) If a decree is issued foreclosing the right of redemption without sale, the time of
  redemption shall be six months from the date of the decree unless a shorter time is
  ordered, or the mortgagor and mortgagee plaintiff agree to a shorter period. The court
  shall fix the period of redemption taking into consideration whether there is value
  in the property in excess of the mortgage debt and debt owed to junior lienholders,
  any assessed but unpaid property taxes, the condition of the property, and any other
  equities. (e) If the premises are not redeemed agreeably to the decree, the clerk of the court shall
  issue a writ of possession at the plaintiff’s request. Such writ shall have the same
  force and effect and be executed in the same manner as similar writs issued after
  judgment by a court of law in ejectment proceedings. Where the premises are occupied
  by a residential tenant, the writ shall be served on the tenant, and the plaintiff
  shall be placed in possession of the property without further proceedings not sooner
  than 30 days after the writ is served, or upon such other time as is required by federal
  law, whichever is longer. (f)(1) In an action for foreclosure under this section, if a lien or interest in such realty
  is held by any person or federal agency which may not be foreclosed by strict foreclosure
  pursuant to federal law, the court shall proceed in accordance with subchapter 3 of
  this chapter. (2) In an action for foreclosure, if a lien or interest in such realty is held by any
  person or federal agency which may not be foreclosed by strict foreclosure pursuant
  to federal law, a decree may be entered providing for such period of redemption as
  the court may determine, and providing for a sale of the mortgaged premises at the
  conclusion of such period if the premises are not redeemed, and for the time, manner,
  and notice of sale, if required, and the application of any proceeds. (g) In an action for foreclosure under this section, where the time of redemption has
  expired, the party obtaining the foreclosure shall cause a certified copy of the judgment
  and the certificate of nonredemption to be recorded in the office where by law a deed
  of the lands is required to be recorded. (h) If the plaintiff complies with subsection (g) of this section, the expiration of the
  right of redemption under the decree shall foreclose the interest of subsequent purchasers,
  mortgagees, or attaching creditors whose interest in the property being foreclosed
  first arose after the filing of the complaint for foreclosure in the land records
  as provided in section 4932 of this chapter. (Added 2011, No. 102 (Adj. Sess.), § 1.)