§ 4952. Sale procedures
(a) Generally. If the mortgaged property is not redeemed, the plaintiff shall sell the mortgaged
property in accordance with this section, complying with all court orders and applicable
power of sale provisions.
(b) Notice of sale; publication. Notice of sale 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
no fewer than 21 days before the day of sale.
(c) Notice of sale; service. A copy of the notice of sale shall be mailed by first class mail, postage prepaid,
to all parties who appeared in the foreclosure action or to their attorneys of record.
If the mortgagor has not appeared in the foreclosure action, a copy of the notice
of sale shall also be mailed by first class mail, postage prepaid, to the mortgagor
at the mortgagor’s last known address. The notice of sale shall include the specific
date, time, and location of the sale and shall be mailed after the last date of redemption
in the decree but not fewer than 30 days before the date of the sale.
(d) Notice of sale; waiver. Any party entitled to be sent notice under this section may, either before or after
the foreclosure sale, waive the party’s right to receive notice, in which case no
foreclosure sale shall be invalid or ineffectual to foreclose that party’s rights
under the mortgage. This subsection shall not apply to farmland or to a dwelling house
unless approved by the court at or before the confirmation of sale.
(e) Notice of sale; form. The following form of notice of sale may be used and may be altered as circumstances
require, but nothing herein shall be construed to prevent the use of other forms:
By virtue and in execution of the Power of Sale contained in a certain mortgage given
by ______ to ______ and recorded in Volume ____ of the land records of the municipality of ______ , of which mortgage the undersigned is the present holder (if by assignment, or in any fiduciary capacity, give reference) for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at ______ (place) at ____ o’clock, ____ M. on the ______ day of ____ , 20__ all and singular the premises described in said mortgage,
(In case of partial releases, state exceptions.)
To wit: (Legal description of the premises.)
Terms of sale: (State here the amount, if any, to be paid in cash by the purchaser
at the time of the sale, and the schedule for payment of the balance and other terms
of sale.)
The mortgagor is entitled to redeem the premises at any time prior to the sale by
paying the full amount due under the mortgage, including the costs and expenses of
the sale.
Other terms to be announced at the sale or inquire at _________________________________________
Signed: ______
Mortgagee (may be signed by mortgagee’s attorney)
Dated: ______ , 20__ .
(Added 2011, No. 102 (Adj. Sess.), § 1.)