12 U.S.C. § 3711

Foreclosure costs

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The following foreclosure costs shall be paid from the sale proceeds prior to satisfaction of any other claim to such sale proceeds:(1) necessary advertising costs and postage incurred in giving notice pursuant to sections 3708 and 3710 of this title;(2) mileage for posting notices and for the foreclosure commissioner’s attendance at the sale at the rate provided in section 1921 of title 28 for mileage by the most reasonable road distance;(3) reasonable and necessary costs actually incurred in connection with any necessary search of title and lien records;(4) necessary out-of-pocket costs incurred by the foreclosure commissioner to record documents; and(5) a commission for the foreclosure commissioner for the conduct of the foreclosure to the extent authorized by regulations issued by the Secretary.(Pub. L. 97–35, title III, § 369C, Aug. 13, 1981, 95 Stat. 429.)
Notes of Decisions
Cited in 2 cases, 1982–2005 · leading case: C.D. Barnes Assocs., Inc. v. Grand Haven Hideaway Ltd. P'ship, 406 F. Supp. 2d 801 (W.D. Mich. 2005).
C.D. Barnes Assocs., Inc. v. Grand Haven Hideaway Ltd. P'ship, 406 F. Supp. 2d 801 (W.D. Mich. 2005). “Sale proceeds are to be applied in the following manner: (1) first to cover the costs of foreclosure provided for in section 369C [ 12 U.S.C. § 3711 ]; (2) then to pay valid tax liens or assessments prior to the mortgage; (3) then to pay any liens recorded prior to the recording…”
Chicago Title Ins. v. Sherred Vill. Assocs., 544 F. Supp. 320 (D. Me. 1982). “, establishes a set of priorities for payment of proceeds from the foreclosure of multifamily mortgages assigned to HUD, under which mechanics’ liens filed after the mortgage are to be paid only after the mortgage and various other expenses, 12 U.S.C.A. §§ 3711 , 3712. No…”
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