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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 12 : Court Procedure

Chapter 172 : FORECLOSURE OF MORTGAGES

Subchapter 003 : Foreclosure by Judicial Sale

(Cite as: 12 V.S.A. § 4952)
  • § 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.)