---
kind: "section"
citation: "12 U.S.C. § 3761"
title: "12"
title_heading: "Banks and Banking"
number: "3761"
heading: "Foreclosure costs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/3761"
units:
  - "Chapter 38A — Single Family Mortgage Foreclosure"
---

# §3761. Foreclosure costs


The following foreclosure costs shall be paid from the sale proceeds before satisfaction of any other claim to such sale proceeds:

- (1) **Advertising and postage—** Necessary advertising costs and postage incurred in giving notice pursuant to sections [3758](/usc/12/3758.md) and [3760](/usc/12/3760.md) of this title.
- (2) **Mileage—** Mileage (determined by the most reasonable road distance) for posting notices and for the foreclosure commissioner’s or auctioneer’s attendance at the sale, as provided in [section 1821 of title 28](/usc/28/1821.md).
- (3) **Title and lien search—** Reasonable and necessary costs incurred in connection with any search of title and lien [records](/usc/12/3752.md?p=8).
- (4) **Recordation fees—** Costs incurred to [record](/usc/12/3752.md?p=8) documents.
- (5) **Commission—** A commission for the foreclosure commissioner (if the foreclosure commissioner is not an employee of the United States) for the conduct of the foreclosure, to the extent such a commission is authorized by the [Secretary](/usc/12/1715z–22a.md?p=4).

## Source credit

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

## Notes

### Editorial Notes

### Codification

Section is based on section 812 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.