Public Law 119-73 (01/23/2026)

12 U.S.C. § 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 and 3760 of this title.

(2)

Mileage

section 1821 of title 28Mileage (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 .

(3)

Title and lien search

Reasonable and necessary costs incurred in connection with any search of title and lien records.

(4)

Recordation fees

Costs incurred to record 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.

Pub. L. 103–327, title II108 Stat. 2316(, , .)

Editorial Notes

Codification

Pub. L. 103–327Section is based on section 812 of title VIII of S. 2281, One Hundred Third Congress, as reported , which was enacted into law by .