12 U.S.C. § 3758

Service of notice of foreclosure sale

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The foreclosure commissioner shall serve the notice of default and foreclosure sale described in section 3757 of this title upon the following persons and in the following manner, and no additional notice shall be required to be served, notwithstanding any notice requirements of any State or local law:(1) Timing

Not less than 21 days before the date of the foreclosure sale, the notice of default and foreclosure sale shall be filed in the manner authorized for filing a notice of an action concerning real property according to the law of the State in which the security property is located or, if none, in the manner authorized by section 3201 of title 28.

(2) Notice by mail(A) In generalThe notice of foreclosure sale shall be sent by certified or registered mail, postage prepaid and return receipt requested, to the following:(i) Current owner

The current security property owner of record, as the record existed 45 days before the date originally set for the foreclosure sale (whether or not the notice describes a sale adjourned).

(ii) Mortgagors

All mortgagors of record or other persons who appear on the basis of the record to be liable for part or all of the mortgage debt, as the record existed 45 days before the date originally set for the foreclosure sale (whether or not the notice describes a sale adjourned).

(iii) Dwelling units

All dwelling units in the security property (whether or not the notice describes a sale adjourned).

(iv) Other lienholders

All persons holding liens of record upon the security property, as the record existed 45 days before the date originally set for the foreclosure sale (whether or not the notice describes a sale adjourned).

(B) Timing(i) Notice under clauses (i) and (ii)

Notice under clauses (i) and (ii) of subparagraph (A) shall be mailed not less than 21 days before the date of the foreclosure sale, and shall be mailed to the current owner and mortgagor at the last known address of the current owner and mortgagor, or, if none, to the address of the security property, or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such current owner and mortgagor.

(ii) Notice under clause (iii)

Notice under clause (iii) of subparagraph (A) shall be mailed not less than 21 days before the date of the foreclosure sale. If the names of the occupants of the security property are not known to the Secretary, or the security property has more than 1 dwelling, the notice shall be posted at the security property not less than 21 days before the foreclosure sale.

(iii) Notice under clause (iv)

Notice under clause (iv) of subparagraph (A) shall be mailed not less than 21 days before the date of the foreclosure sale, and shall be mailed to each such lienholder’s address of record or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such lienholder.

Notice by mail pursuant to this section or section 3756(c) of this title shall be deemed duly given upon mailing, whether or not received by the addressee and whether or not a return receipt is received or the notice is returned.

(3) Publication(A) In general

A copy of the notice of default and foreclosure sale shall be published once a week during 3 successive calendar weeks before the date of the foreclosure sale. Such publication shall be in a newspaper or newspapers having general circulation in the county or counties in which the security property being sold is located. To the extent practicable, the newspaper or newspapers chosen shall be a newspaper or newspapers having circulation conducive to achieving notice of foreclosure by publication. A legal newspaper that is accepted as a newspaper of legal record in the county or counties in which the security property being sold is located shall be considered a newspaper having general circulation for the purposes of this paragraph.

(B) ExceptionIf there is no newspaper published at least weekly which has a general circulation in one of the counties in which the security property being sold is located, copies of the notice of default and foreclosure sale shall be posted not less than 21 days before the date of the foreclosure sale—(i) at the courthouse of any county or counties in which the security property is located; and(ii) at the place where the sale is to be held.(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)Editorial NotesCodification

Section is based on section 809 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.

Notes of Decisions

Cited in 5 cases (4 in the last 5 years), 2006–2026 · leading case: Jones v. Flowers

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Jones v. Flowers (2006) scotus · cites it 2× “§ 3203 (g)(1)(A)(i)(IV) (requiring written notice to tenants of real property subject to sale under the Federal Debt Collection Procedures Act of 1990); 12 U. S. C. § 3758 (2)(A)(iii) (requiring written notice to occupants before foreclosure by the Secretary of Housing and Urban…”

Kevin Hughes v. P Secretary, United States Department of Housing and Urban Development (2022) nhd · cites it 3× “See 12 U.S.C. § 3758 . Hughes requests that the court rescind the foreclosure sale and reinstate the mortgage.”

Hughes v. US Department of Housing and Urban Development, Secretary (2022) nhd · cites it 3× “28. Hughes objects to HUD’s summary judgment motion with respect to his first claim regarding improper notice, but concedes that HUD’s motion should be granted with respect to his second claim, because the facts elicited in discovery show that a foreclosure sale did properly…”

Harvey v. Citi Group Mortgage (2024) mied · cites it 2× “Plaintiffs also cite 12 U.S.C. § 3758 , which states in relevant part: (2) Notice by mail (A) In general The notice of foreclosure sale shall be sent by certified or registered mail, postage prepaid and return receipt requested, to the following: (i) Current owner The current…”

United States Secretary of Housing and Urban Development v. Donna V. Bryant, et al. (2026) mdd · cites it 2× “” 12 U.S.C. § 3758 . It provides, “[n]ot less than 21 days before the date of the foreclosure sale, the notice of default and foreclosure sale shall be filed in the manner authorized for filing a notice of an action concerning real property according to the law of the State in…”

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