The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
004
:
FORECLOSURE BY NONJUDICIAL SALE
(Cite as: 12 V.S.A. § 4967)
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§ 4967. Recording following sale
(a) Within 90 days after the sale, the mortgagee selling pursuant to the power shall cause
the foreclosure deed and an accompanying affidavit to be recorded in the land records
of the town where the property is situated. The affidavit setting forth fully and
particularly the mortgagee’s acts with respect to the sale of the mortgaged property,
including the dates that notices of the sale were published, shall set forth facts
showing that no person in interest is in the military service as defined in the Service
Members Civil Relief Act of 2003. The affidavit or a duly certified copy thereof shall
be admissible in evidence on the issue of whether the power of sale was duly executed.
(b) If the recording required by this section is prevented by an order or stay of any
court, the time for such recording shall be extended until 10 days after the expiration
or removal of such order or stay.
(c) If the recording required by this section is made more than 60 days after the sale,
the affidavit shall state why the recording was not made earlier.
(d) Failure to record the deed and affidavit within the statutory period required by this
subsection shall render the sale void and of no effect only as to liens or other encumbrances
of record intervening between the day of the sale and the time of recording of the
deed and affidavit.
(e) Correction of error. In case of an alleged error or omission in the affidavit, the
court, on petition and after notice to interested parties, may validate the affidavit
or authorize the recording of an affidavit amending, correcting, or in substitution
for an affidavit so recorded, and the affidavit so authorized to be recorded or a
certified copy of the record thereof shall have the same effect and shall be admitted
in evidence as if it had been recorded within the 90-day period required by this section. (Added 2011, No. 102 (Adj. Sess.), § 1.)