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U.S. Code/Title 12/§ 3707

Title 12

12

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12 U.S.C. § 3707.Chapter 38

§ 3707

Commencement of foreclosure; powers and duties of foreclosure commissioner or substitute

Title 12
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((a)) If the Secretary as holder of a multifamily mortgage determines that the prerequisites to foreclosure set forth in are satisfied, the Secretary may request the foreclosure commissioner to commence foreclosure of the 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 .

((b)) Subsequent to commencement of a foreclosure under this chapter, the Secretary may designate a substitute foreclosure commissioner at any time up to forty-eight hours prior to the time of foreclosure sale, and the foreclosure shall continue without prejudice, unless the substitute commissioner, in his or her sole discretion, finds that continuation of the foreclosure sale will unfairly affect the interests of the mortgagor. In the event that the substitute commissioner makes such a finding, the substitute commissioner shall cancel the foreclosure sale, or adjourn such sale in the manner provided in . Upon designation of a substitute foreclosure commissioner, a copy of the written notice of such designation referred to in shall be served upon the persons set forth in (1) by mail as provided in such (except that the minimum time periods between mailing and the date of foreclosure sale prescribed in such section shall not apply to notice by mail pursuant to this subsection), or (2) in any other manner, which in the substitute commissioner’s sole discretion, is conducive to achieving timely notice of such substitution. In the event a substitute foreclosure commissioner is designated less than forty-eight hours prior to the time of the foreclosure sale, the pending foreclosure shall be terminated and a new foreclosure shall be commenced by commencing service of a new notice of default and foreclosure sale.

§ 3706

Release: pl-119-102 (2026-07-12)

§ 3708

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