2015 US Code
Title 12 - Banks and Banking (Sections 1 - 5710)
Chapter 38A - Single Family Mortgage Foreclosure (Sections 3751 - 3768)
Sec. 3765 - Effect of sale

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 3, Title 12 - BANKS AND BANKING
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 12 - BANKS AND BANKING
CHAPTER 38A - SINGLE FAMILY MORTGAGE FORECLOSURE
Sec. 3765 - Effect of sale
Containssection 3765
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawNo
Dispositionstandard
Source CreditPub. L. 103-327, title II, Sept. 28, 1994, 108 Stat. 2316.
Statutes at Large Reference108 Stat. 2316
Public and Private LawPublic Law 103-327
Congressional BillS.2281 103rd Congress

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12 U.S.C. § 3765 (2015)
§3765. Effect of sale

A sale, made and conducted as prescribed in this chapter to a bona fide purchaser, shall bar all claims upon, or with respect to, the property sold, for each of the following persons:

(1) Notice recipients

Any person to whom the notice of default and foreclosure sale was mailed as provided in this chapter, and the heir, devisee, executor, administrator, successor, or assignee claiming under any such person.

(2) Subordinate claimants with knowledge

Any person claiming any interest in the property subordinate to that of the mortgage, if such person had actual knowledge of the foreclosure sale.

(3) Nonrecorded claimants

Any person claiming any interest in the property, whose assignment, mortgage, or other conveyance was not duly recorded or filed in the proper place for recording or filing, or whose judgment or decree was not duly docketed or filed in the proper place for docketing or filing, before the date on which the notice of the foreclosure sale was first served by publication, as required by section 3758(3) of this title, and the executor, administrator, or assignee of such a person.

(4) Other persons

Any person claiming an interest in the property under a statutory lien or encumbrance created subsequent to the recording or filing of the mortgage being foreclosed, and attaching to the title or interest of any person designated in any of the foregoing paragraphs.

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

CODIFICATION

Section is based on section 816 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.

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