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Searching 2019-2020 Session

The Vermont Statutes Online

The statutes were updated in November, 2018, and contain all actions of the
2018 legislative session.

Title 12 : Court Procedure

Chapter 172 : FORECLOSURE OF MORTGAGES

Subchapter 001 : GENERAL PROVISIONS

(Cite as: 12 V.S.A. § 4933)
  • § 4933. Notice to Commissioner of Financial Regulation

    (a) When the mortgage holder files an action under subchapter 2 or 3 of this chapter to foreclose upon an owner-occupied dwelling house, the mortgage holder shall simultaneously file a notice of foreclosure with the Commissioner of Financial Regulation. The Commissioner may require that the notice of foreclosure be sent in an electronic format. The notice of foreclosure shall include:

    (1) the name and current mailing address of the mortgagor;

    (2) the address of the property being foreclosed;

    (3) the name of the current mortgage holder, along with the address and telephone number of the person or entity responsible for workout negotiations concerning the mortgage;

    (4) the name of the original lender, if different;

    (5) the name, address, and telephone number of the mortgage servicer, if applicable; and

    (6) any other information the Commissioner may require.

    (b) The court clerk shall not accept a foreclosure complaint for filing without a certification by the plaintiff that the notice of foreclosure has been sent to the Commissioner of Financial Regulation in accordance with subsection (a) of this section.

    (c) Acceptance of a foreclosure complaint by the court clerk that, due to a good faith error or omission by the plaintiff or the clerk, does not contain the certification required in subsection (a) of this section shall not invalidate the foreclosure proceeding, provided that the plaintiff files the required notice with the Commissioner within 14 days of obtaining knowledge of the error or omission. (Added 2011, No. 102 (Adj. Sess.), § 1; amended 2017, No. 11, § 22.)