--- kind: "section" citation: "12 U.S.C. § 3758" title: "12" title_heading: "Banks and Banking" number: "3758" heading: "Service of notice of foreclosure sale" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/12/3758" units: - "Chapter 38A — Single Family Mortgage Foreclosure" --- # §3758. Service of notice of foreclosure sale The foreclosure commissioner shall serve the notice of default and foreclosure sale described in [section 3757 of this title](/usc/12/3757.md) upon the following [persons](/usc/12/3752.md?p=7) and in the following manner, and no additional notice shall be required to be served, notwithstanding any notice requirements of any [State](/usc/12/3752.md?p=11) 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](/usc/12/3752.md?p=11) in which the [security property](/usc/12/3752.md?p=9) is located or, if none, in the manner authorized by [section 3201 of title 28](/usc/28/3201.md). - (2) **Notice by mail—** - (A) **In general—** The notice of foreclosure sale shall be sent by certified or [registered](/usc/12/3752.md?p=8) mail, postage prepaid and return receipt requested, to the following: - (i) **Current owner—** The current [security property](/usc/12/3752.md?p=9) [owner](/usc/12/3752.md?p=6) of [record](/usc/12/3752.md?p=8), as the [record](/usc/12/3752.md?p=8) 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](/usc/12/3752.md?p=5) of [record](/usc/12/3752.md?p=8) or other [persons](/usc/12/3752.md?p=7) who appear on the basis of the [record](/usc/12/3752.md?p=8) to be liable for part or all of the [mortgage](/usc/12/3752.md?p=3) debt, as the [record](/usc/12/3752.md?p=8) 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](/usc/12/3752.md?p=9) (whether or not the notice describes a sale adjourned). - (iv) **Other lienholders—** All [persons](/usc/12/3752.md?p=7) holding liens of [record](/usc/12/3752.md?p=8) upon the [security property](/usc/12/3752.md?p=9), as the [record](/usc/12/3752.md?p=8) 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)](#2-A-i) and [(ii)](#2-A-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](/usc/12/3752.md?p=6) and [mortgagor](/usc/12/3752.md?p=5) at the last known address of the current [owner](/usc/12/3752.md?p=6) and [mortgagor](/usc/12/3752.md?p=5), or, if none, to the address of the [security property](/usc/12/3752.md?p=9), or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such current [owner](/usc/12/3752.md?p=6) and [mortgagor](/usc/12/3752.md?p=5). - (ii) **Notice under clause (iii)—** Notice under [clause (iii)](#2-A-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](/usc/12/3752.md?p=9) are not known to the [Secretary](/usc/12/1715z–22a.md?p=4), or the [security property](/usc/12/3752.md?p=9) has more than 1 dwelling, the notice shall be posted at the [security property](/usc/12/3752.md?p=9) not less than 21 days before the foreclosure sale. - (iii) **Notice under clause (iv)—** Notice under [clause (iv)](#2-A-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](/usc/12/3752.md?p=8) or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such lienholder. - (C) **Effectiveness of notice—** Notice by mail pursuant to this section or [section 3756(c) of this title](/usc/12/3756.md?p=c) 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](/usc/12/3752.md?p=2) or [counties](/usc/12/3752.md?p=2) in which the [security property](/usc/12/3752.md?p=9) 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](/usc/12/3752.md?p=8) in the [county](/usc/12/3752.md?p=2) or [counties](/usc/12/3752.md?p=2) in which the [security property](/usc/12/3752.md?p=9) being sold is located shall be considered a newspaper having general circulation for the purposes of this paragraph. - (B) **Exception—** If there is no newspaper published at least weekly which has a general circulation in one of the [counties](/usc/12/3752.md?p=2) in which the [security property](/usc/12/3752.md?p=9) 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](/usc/12/3752.md?p=2) or [counties](/usc/12/3752.md?p=2) in which the [security property](/usc/12/3752.md?p=9) is located; and - (ii) at the place where the sale is to be held. ## Source credit (Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.) ## Notes ### Editorial Notes ### Codification 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.