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Home » US Law » 2022 Vermont Statutes » Title 12 - Court Procedure » Chapter 172 - Foreclosure of Mortgages » Subchapter 4: FORECLOSURE BY NONJUDICIAL SALE

§ 4961. Power of nonjudicial sale

§ 4961. Power of nonjudicial sale Whether or not a power of sale is contained in a mortgage relating to any property, except for farmland or a dwelling house owned by a natural person, instead of a suit and decree of foreclosure, the mortgagee may, upon breach of mortgage condition, foreclose upon the property without […]

§ 4962. Notice of intention to foreclose

§ 4962. Notice of intention to foreclose (a) At least 30 days prior to service of a notice of sale pursuant to subsection 4952(c) of this title, notice of intention to foreclose in a writing complying with this section shall be sent to the mortgagor by registered or certified mail at his or her last […]

§ 4963. Publication of notice of sale

§ 4963. Publication of notice of sale Notice of a sale conducted pursuant to this subchapter shall be published once in each of three successive weeks, in a newspaper of general circulation in the town where the land lies, the first publication to be not less than 21 days before the day of sale. (Added […]

§ 4964. Recording

§ 4964. Recording The mortgagee shall record the notice of sale in the land records of the town or city where the land lies not less than 60 days prior to the sale. The filing of the notice of the sale shall be in lieu of filing a foreclosure complaint under section 4932 of this […]

§ 4965. Service; form

§ 4965. Service; form (a)(1) In all cases, unless service is waived under subsection 4966(g) of this title, a copy of the notice of sale shall be served on the mortgagor or his or her representative in interest by: (A) sending the notice by registered or certified mail addressed to the mortgagor or such representative […]

§ 4966. Conduct and location of sale

§ 4966. Conduct and location of sale (a) The sale shall be held at the mortgaged property except that it may be held elsewhere if agreed to in writing by the mortgagor and the mortgagee not less than 60 days nor more than 90 days before the sale. At the sale, the mortgaged property shall […]

§ 4967. Recording following sale

§ 4967. Recording following sale (a) Within 90 days after the sale, the mortgagee selling pursuant to the power shall cause the foreclosure deed and an accompanying affidavit to be recorded in the land records of the town where the property is situated. The affidavit setting forth fully and particularly the mortgagee’s acts with respect […]

§ 4968. Transfer of title

§ 4968. Transfer of title Title to the foreclosed mortgaged property under this section shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the mortgaged property shall pass to the purchaser free and clear of all interests and encumbrances which do not […]

§ 4969. Failure of sale; resale

§ 4969. Failure of sale; resale If the purchaser does not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void. (Added 2011, No. 102 (Adj. Sess.), § 1.)

§ 4970. Form and effect of foreclosure deed

§ 4970. Form and effect of foreclosure deed (a) The foreclosure deed shall be in substantially the following form: ______ of ______ County, ______ State of ______ , holder of a mortgage from ____ to ____ dated ____ , recorded in ____ Book____ at Page ____ of the Town of ____ Land Records, by the […]