---
kind: "section"
citation: "12 U.S.C. § 3754"
title: "12"
title_heading: "Banks and Banking"
number: "3754"
heading: "Designation of foreclosure commissioner"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/3754"
units:
  - "Chapter 38A — Single Family Mortgage Foreclosure"
---

# §3754. Designation of foreclosure commissioner

- (a) **In general—** The [Secretary](/usc/12/1715z–22a.md?p=4) may designate a [person](/usc/12/3752.md?p=7) or [persons](/usc/12/3752.md?p=7) to serve as a foreclosure commissioner or commissioners for the purpose of foreclosing upon a [single family mortgage](/usc/12/3752.md?p=10).
- (b) **Power of sale—** A foreclosure commissioner designated under this section shall have a nonjudicial power of sale.
- (c) **Qualifications—** The foreclosure commissioner, if a natural [person](/usc/12/3752.md?p=7), shall be a resident of the [State](/usc/12/3752.md?p=11) in which the [security property](/usc/12/3752.md?p=9) is located and, if not a natural [person](/usc/12/3752.md?p=7), the foreclosure commissioner must be duly authorized to transact business under laws of the [State](/usc/12/3752.md?p=11) in which the [security property](/usc/12/3752.md?p=9) is located. No [person](/usc/12/3752.md?p=7) shall be designated as a foreclosure commissioner unless that [person](/usc/12/3752.md?p=7) is responsible, financially sound, and competent to conduct a foreclosure.
- (d) **Designation procedure—**
  - (1) **Written designation—** The [Secretary](/usc/12/1715z–22a.md?p=4) may designate a foreclosure commissioner by executing a written designation stating the name and business or residential address of the commissioner, except that if a [person](/usc/12/3752.md?p=7) is designated in his or her capacity as an official or employee of a government or corporate entity, such [person](/usc/12/3752.md?p=7) may be designated by his or her unique title or position instead of by name.
  - (2) **Substitute commissioners—** The [Secretary](/usc/12/1715z–22a.md?p=4) may, with or without cause, designate a substitute foreclosure commissioner to replace a previously designated foreclosure commissioner.
  - (3) **Number—** More than 1 foreclosure commissioner may be designated at any time.

## Source credit

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

## Notes

### Editorial Notes

### Codification

Section is based on section 805 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.