U.S. Department of Housing and Urban Development

Office of Housing

Special Attention of: Notice H 95-100 (HUD)

Housing Directors Issued: November 22, 1995

Single Family Division Directors Expires: November 30, 1996

Single Family Asset Management

Branch Chiefs Cross References:

Subject: New HUD Single Family Nonjudicial Foreclosure Statute

The purpose of this Notice is to inform Field Office Directors of

Housing and Single Family Division Directors that on September 28, 1994,

Congress passed the Single Family Mortgage Foreclosure Act (Act) as part
of

HUD\'s FY 1995 Appropriations Act (PL 103-327; 12 U.S.C. 3751-3768).

The new foreclosure statute provides HUD an option of conducting

foreclosures on secretary-held mortgages utilizing a new uniform
nonjudicial

foreclosure procedure instead of the State foreclosure procedure or

procedures under other Federal law. In States where judicial
foreclosures

are the usual or only method of foreclosure under State law, it will
usually

be more cost effective for the Department to use the new nonjudicial

foreclosure procedure. The new statute may also be used in States
presently

using State nonjudicial foreclosure procedures. In all cases,
foreclosures

that are already in process should continue to be processed. No action
under

the new procedures can be initiated if another action is pending.

All foreclosure actions under the new legislation must be initiated in

the name of the Secretary of Housing and Urban Development. If, as a
result

of any foreclosure action, litigation is commenced which requires a
court

appearance (such as a challenge to the foreclosure or a bankruptcy

proceeding), the foreclosure must be suspended or terminated and must be

referred to your Office of Counsel or to the U.S. Attorney\'s Office
pursuant

to procedures agreed upon by your Office of Counsel. If legal issues
other

than litigation arise at anytime, you are to consult with appropriate
HUD

legal staff.

It is expected that the new nonjudicial foreclosure procedures will-be

implemented in the near future. A Single Family Foreclosure Working
Group,

including representatives from Housing and OGC, is presently developing
plans

and materials for use in the implementation. You will receive
notification

and further information about the specific implementation date when

HSISS: Distribution: W-3-1,W-2(OGC)(H)(Z),W-3(A)(H)(ZAOO),W-4(H),

R-1,R-2,R-3,R-3-3,R-3-1(H)(RC),R-3-2,R-6,R-6-1,R-7,R-7-1,R-7-2,R-8,

R-8-1,ASC

the new nonjudicial foreclosure procedures are implemented. Even before
the

implementation notification is received, a determination can be made as
to

whether or not the Field Office will use the new nonjudicial foreclosure

process with its single family mortgage foreclosures.

This Notice gives some further background information about the

foreclosure commissioners, referral of cases and materials being
developed.

In addition, this Notice sets forth procedures to be followed by Field

Offices in the management of foreclosures that you will refer pursuant
to the

Act.

DESIGNATION OF FORECLOSURE COMMISSIONERS BY ASSISTANT GENERAL

COUNSELS

IN FIELD OFFICES

The process of designating persons or entities to serve as foreclosure

commissioners includes two items to be published in the Federal
Register, and

a Designation document which will generally be executed by a Field
Assistant

General Counsel.

The \"Delegation of Authority\" will be published in the near future in

the Federal Register. In that document the Secretary of HUD will
delegate to

the General Counsel the authority to designate foreclosure commissioners
and

to set compensation for the commissioners. The General Counsel will
retain

that authority and re-delegate it to the ten Field Assistant General
Counsel.

Your Office of Counsel or your Field Assistant General Counsel should
provide

you with a list of designated commissioners and information on fees and

reimbursable costs as soon as that information is available. In
addition,

the Final Rule and its Appendix are to be published in the Federal
Register

in the near future.

The \"Notice of Application\" will also be published in the near future
in

the Federal Register. This Notice of Application will provide
information

about how interested parties can apply to be designated as foreclosure

commissioners. If your office is presently using contractors for

foreclosures or related work, you may want to encourage them to apply to
your

Field Assistant General Counsel to be designated as foreclosure
commissioners

under the new legislation.

REFERRAL OF CASES TO FORECLOSURE COMMISSIONERS

If the Single Family Division Directors or Directors of Housing in

Category AA Offices choose to use the new nonjudicial foreclosure
procedures,

you should refer the foreclosure cases to any of the designated
foreclosure

commissioners within your office\'s jurisdiction. Referrals will be made
on

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Referral Form that has been prepared for this purpose (draft copy
attached)

and will be signed by Single Family Division Directors or their
designee.

Under the new procedures, there is no requirement for competitive

contracting. According to the statute, the \"commissioners\" are
designated

appointees and, as such, shall be paid a fixed fee for foreclosure
service,

plus a reimbursement for out-of-pocket expenses that are adequately
supported

by bills and receipts. Allowable expenses are enumerated in the statute
and

in the Final Rule and its Appendix and include title review, publication
and

recordation costs.

At the time of referral of a case or cases, you will also submit

Instructions to the Foreclosure Commissioner, along with Notice of
Default

and Foreclosure Sale Form and a Deed Form. (Draft copies of these
materials

are attached. These documents may be revised as appropriate.)

MANAGING FORECLOSURES

The Single Family Division Director or the Director of Housing in a

Category AA Office must appoint a Foreclosure Manager to administer the

foreclosure process. Since foreclosure expenses are charged to the

individual Single Family Notes Account and disbursed by MIAS, there is
no

fund request necessary to Headquarters, Fund Control Division, unless

eviction services are procured beyond the scope of the foreclosure
statute.

Duties of the Foreclosure Manager:

1\. Refer foreclosure cases with complete packages (note, mortgage,

statement of account, etc.) to a foreclosure commissioner. Use the

\"Referral Form\" and enclose all items listed on the form.

2\. Send occupied conveyance notification to occupants of property.

3\. Enter case into FORMAN Tracking System or comparable system and code

SFMNS with Status 41 foreclosure flag. Maintain tracking system by

entering update status information from reports by the foreclosure

commissioner.

4\. Authorize the commissioner to obtain certified documents or
affidavits

as needed to commence foreclosure.

5\. Monitor and evaluate the performance of the commissioner(s) with
regard

to:

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a\. Timeliness and adequacy of foreclosure.

b\. Submission of appropriate notifications to the Field Office

Foreclosure Manager regarding third-party sales within two business

days after sale. (See draft Instructions to Foreclosure

Commissioner, part VI.H.)

c\. Prompt remittance of funds to HUD Field Office by overnight mail

delivery in instances of payoffs, pay current collections and

third-party sales. See draft Instructions to Foreclosure

Commissioner, part VI.H.)

d\. Receipt and adequacy of status reports.

6\. Review status reports from foreclosure commissioner. Enter data into

tracking software. Evaluate reports and performance.

7\. Review and approve all invoices submitted for reimbursement from the

foreclosure commissioner and prepare SF-1034 vouchers and disbursement

requests for submission to MIAS.

8\. Instruct the commissioner to suspend foreclosure in the event of

bankruptcy filing or other litigation requiring court action which

necessitates involvement of HUD Counsel and/or U.S. Attorney\'s Office.

9\. Instruct the commissioner to terminate foreclosure if a deed-in-lieu
of

foreclosure is accepted, account has been reinstated or sufficient

payment has been received under a Chapter 13 bankruptcy to return the

case for further servicing.

10\. Provide foreclosure sale bid instructions to the commissioner.

Foreclosure sale bids may be for an amount less than the total debt

whenever the Single Family Division Director can justify a lower bid

amount by establishing that value of the property is less than the debt.

Bid amounts can be lower than the value of the property to encourage

third-party sales. The bid amount should be the value of the property

minus reasonable adjustments similar to those used in computing the net

proceeds of sale under a \"compromise offer.\"

11\. Provide Instructions to the foreclosure commissioners in the event
that

a third-party purchaser fails to comply with terms of the sale. (See

draft Instructions to Foreclosure Commissioners, Sec. XI.) If there are

additional bidders, the commissioner can generally be instructed to

offer the property to the next highest bidder for the highest price

offered by that bidder.

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12\. Instruct the designated eviction contractor to commence eviction of
the

former mortgagor/occupants upon completion of the foreclosure. Check

with the REO Branch to make sure the occupied conveyance process has

been completed and the mortgagor/occupants have not been accepted as HUD

tenants. (See Eviction Contract Instructions below.)

13\. Notify MIAS of the foreclosure completion, payoff or third-party
sale.

14\. The need to procure title insurance policies is not required after
the

completion of foreclosure under the new federal nonjudicial foreclosure

statute.

15\. Maintain separate foreclosure commissioner files for a complete
record

of foreclosures processed and any disbursements made.

TRACKING FORECLOSURES AND MONITORING FORECLOSURE

COMMISSIONERS

When the foreclosure referral is made to a commissioner, the Field

Office should enter the appropriate information into the FORMAN or
similar

foreclosure tracking software. Each foreclosure commissioner must have a

separate \"Foreclosure Agent ID.\" The FORMAN software allows creation
of a

table of Foreclosure Agents, each with a separate number. Thus, reports
can

be generated and sorted by Foreclosure Agent ID.

PAYING FORECLOSURE COMMISSIONERS

Invoices and documentation of expenses must be reviewed and a SF-1034

voucher for payment must be completed and signed by a certifying
officer.

The Director of Single Family or a designee should approve the payment
to the

commissioner. The invoice from the commissioner must list all
out-of-pocket

expenses, e.g., title evidence, publication, postage for the required

notices, mileage (when the Notice must be posted), and recordation
costs.

Supporting documentation for all costs over \$25.00 must be submitted
with the

invoice. (See draft Instructions to Foreclosure Commissioner, Sec.
XV.B.)

The invoice from the commissioner and the SF-1034 voucher may be for one
or

more foreclosure cases. If a foreclosure is terminated or withdrawn by
the

Field Office, the commissioner will still be entitled to reimbursement
for

services and expenses up to the time of termination or withdrawal. (See

draft Instructions to Foreclosure Commissioner, Sec. XV.C. See also the

Foreclosure Commissioner Designation and the Referral letter for
information

on percentage of payment in such cases.)

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If a foreclosure is suspended by HUD for an indefinite period of time,

and the foreclosure commissioner is asked to retain the case and file,
then

the commissioner may submit an interim invoice for out-of-pocket
expenses

incurred up to the time of suspension, along with supporting
documentation as

previously described. (See draft Instructions to Foreclosure
Commissioner,

Sec. XV.D.)

The voucher, invoice and supporting documentation must be sent to the

disbursement contractor. Field Offices will receive reports from the

Department\'s Single Family Mortgage Notes System. These reports must be

maintained by the Foreclosure Managers for each commissioner\'s file.

CONTRACTING FOR EVICTION SERVICES

At present eviction services are generally performed by either the

foreclosure contractors in nonjudicial foreclosure states or by REAM

contractors in judicial states. Payment for these services are allocated

from two different sources. Foreclosure contractors handling eviction

services are paid by funds from the Single Family Loan Foreclosure (SLF)
fund

allocated from Headquarters. The REAM contractors handling eviction
services

are paid with Property Disposition funds through SAMS.

Under the uniform nonjudicial foreclosure procedure outlined in this

notice, the foreclosure commissioners will be only handling the
foreclosures

for the Department and not evictions. Therefore, Single Family will
continue

to need to employ contractors to perform the evictions.

To minimize disruptions to current operations, Single Family Directors

may wish, at least temporarily, to continue using existing contractors
to

handle evictions. In the event that existing foreclosure contractors are

used, they will continue to be paid out of the SLF monies. If REAMS will
be

handling evictions, they will be paid through SAMS. As in the past, the

cases must first be established in SAMS after proper notification of

acquisition.

If you have questions regarding this Notice, you may wish to contact

Mary Lou Hinchey or Elaine Howell at (202) 708-3664. Legal questions
should

be directed to Evelyn Wrin at (202) 708-3082 or Bruce Albright at (202)
708-

0080\.

Nicolas P. Retsinas

DRAFT

INSTRUCTIONS TO FORECLOSURE COMMISSIONER

TITLE II

Contents of Instructions:

I. Preliminary Steps

II\. Notice of Default and Foreclosure Sale

III\. Serving the Notice of Default and Foreclosure Sale

IV\. Presale Reinstatement.

Withdrawal of Property from Sale.

V. Adjournment or Cancellation of Sale.

VI\. Conduct of Sale

VII\. Foreclosure Costs

VIII.Disposition of Sale Proceeds.

IX\. Transfer of Title and Possession

X. Recordation and Disposition of Documents

XI\. Failure to Close the Sale

XII\. Other Funds Received and Transmitted to HUD

XIII.Termination or Suspension of Foreclosure

XIV\. Reports to HUD

XV\. Payments by HUD to Foreclosure Commissioner

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I. PRELIMINARY STEPS

A. The Secretary of Housing and Urban Development (the Secretary)

has determined that there is valid reason to institute foreclosure

proceedings in the cases identified in the accompanying Referral letter
to

you dated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

B. Upon receipt of these instructions, contact
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at

the Department of Housing and Urban Development (HUD) Field Office in

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. The telephone no. is
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

If that person is not immediately available, you may contact

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in that office at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

C. Where the security instrument is a deed of trust, you shall file

a deed of substitute trustee or similar document in the place where land

records are recorded, pursuant to your Foreclosure Commissioner

Designation.

D. \[alternative paragraphs)

D. Although we are unaware of any subsequent encumbrances on the

title, it is necessary to assure that marketable title passes at the

foreclosure sale. Therefore, you shall immediately procure a title
report

covering the period subsequent to the date of the enclosed title policy.

The information contained in the enclosed policy and in the update will

assist you in serving the Notice of Default and Foreclosure Sale as

described in Sec. III of these Instructions and Sec. 8 of the Appendix
to

the Final Rule. If a federal tax lien is disclosed, you must include the

3

Internal Revenue Service among the recipients of the Notice of Default
and

Foreclosure Sale. You shall also contact the HUD Field Office

representative to confirm procedures to be followed to have the lien

discharged.

\[or\]

D. We do not have any title evidence in our records. While we are

unaware of any encumbrance on the title, it is necessary to assure that

marketable title passes at the foreclosure sale. You shall immediately

procure a title report. The information contained in the title report
will

assist you in serving the Notice of Default and Foreclosure Sale as

described in Section III of these Instructions and Sec. 8 of the
Appendix

to the Final Rule. If a federal tax lien is disclosed, you shall send a

copy of the Notice of Default and Foreclosure Sale to the IRS. You shall

also contact the HUD Field Office representative to confirm procedures
to

be followed in order to have the lien discharged.

II.NOTI CE OF DEFAULT AND FORECLOSURE SALE

As soon as you have contacted the HUD Field Office representative, you

shall prepare the Notice of Default and Foreclosure Sale required by the

Act and by Sec. 7 of the Appendix to the Final Rule. You may use the

enclosed form Notice and information contained in the enclosed mortgage

documents. The sale must be scheduled between 9:00 a.m. and 4:00 p.m. by

public auction at a courthouse or some other place where foreclosure

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sales are customarily held in the county in which the property is
located,

or at the property itself.

When you have determined the date of the foreclosure sale, inform the

Field Office representative identified above of the date of sale, and

request an itemized statement of all amounts due under the mortgage
based

on acceleration. It is important that, when requesting such statement,
you

specify the date of the foreclosure sale since the amounts due will vary

with the date of the sale.

III.SERVING THE NOTICE OF DEFAULT AND FORECLOSURE SALE

A. After you have prepared the Notice of Default and Foreclosure

Sale, and have received the title update or report, you shall serve the

Notice. \[Note: \"serve\" or variations thereof, as used in these

Instructions, refers to procedures for service of the Notice as set
forth

in the Act and the Appendix to the Final Rule, and includes filing,

mailing, and posting.\] You will serve the Notice of Default and
Foreclosure

Sale upon the following persons and in the following manner, and no

additional notice will be required to be served, notwithstanding any
notice

requirements of any State or local law:

\(1\) Filing the notice.

The Notice of Default and Foreclosure Sale must be filed not less than

25 days before the date of the foreclosure sale in the manner authorized

for filing a notice of an action concerning real property according to
the

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law of the State in which the security property is located, or if none,
in

the manner authorized by Sec. 3201 of title 28, United States Code.

\(2\) Notice by mail.

\(a\) The Notice must be sent by certified mail, postage prepaid,

return receipt requested, to the following (except that multiple
mailings

are not required to be sent to any party with multiple capacities, e.g.,
an

original mortgagor who is the security property owner and lives in one
of

the units):

\(i\) The current security property owner of record, as the record

existed 30 days or less before the date originally set for the
foreclosure

sale, whether or not the notice describes a sale as adjourned as
provided

in the Act. The Notice must be mailed not less than 25 days before the

date of the foreclosure sale to the last known address of the current
owner

or, if none, to the address of the security property, or, at your

discretion, to any other address believed to be that of the current
owner.

\(ii\) The original mortgagor and all subsequent mortgagors of record or

other persons who appear on the basis of the record to be liable for
part

or all of the mortgage debt, as the record existed 30 days or less
before

the date originally set for the foreclosure sale, whether or not the
notice

describes a sale adjourned as provided in the Act, except that the
Notice

need not be mailed to any mortgagors who have been released from all

obligations under the mortgage. Notice under this subsection must be

mailed not less than 25 days before the date of the foreclosure sale to
the

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last known address of the mortgagors or, if none, to the address of the

security property, or, at your discretion, to any other address believed
to

be that of such mortgagors.

\(iii\) All occupants of dwelling units in the security property,

whether Or not the Notice describes a sale adjourned as provided. in the

Act. Notice under this subsection shall be mailed not less than 25 days

before the date of the foreclosure sale. If the names of the occupants
of

the security property are not known to the Secretary, or if the security

property has more than one dwelling, the Notice must be posted at the

security property not less than 25 days before the foreclosure sale.

\(iv\) All persons holding liens of record upon the security Property-

as the record existed 30 days or less before the date originally set for

the foreclosure sale, whether or not the notice describes a sale
adjourned

as provided in the Act. Notice under this subsection must be mailed not

less than 25 days before the date of the foreclosure sale to each such

lienholder\'s address of record, or, at your discretion, to any other

address believed to be that of such lienholder.

\(b\) Service of Notice by mail is deemed duly given upon mailing,

whether or not received by the addressee and whether or not a return

receipt is received or the notice is returned. The date of the receipt
for

the postage paid for the certified mail may serve as proof of the date
of

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mailing;

\(c\) You must keep adequate records in order to accurately reflect

efforts made to locate current addresses for parties identified in

subparagraphs (2)(a)(i)(ii) and (iv) above.

\(d\) Although provisions of the statute, as reflected in subparagraphs

(2)(a)(i)(ii) and (iv) above allow for the checking of the records 45
days

before the original sale date, you shall check the records no more than
30

days before the sale and send the Notice at least 25 days before the
sale

date. \[Note: Based on discussions within HUD and on public comments on
the

proposed rule from persons outside of HUD, the days referred to in the

preceding section have been changed from 21 and 45 to 25 and 30, i.e.

notice to be sent no less than 25 days before the sale to
persons/entities

on record 30 days before the sale. The Act allows the Agency to exercise

its discretion with regard to these notice requirements, so long as the

notice is sent not less than 21 days to recipients on record not more
than

45 days before the date of the foreclosure sale. These instructions call

for notice to be given not less than 25 days to recipients on record not

more than 30 days before the sale date. This is consistent with

requirements of other federal law. The Secretary retains discretion to

modify these requirements if he finds a change appropriate based upon
its

experience as the Act is implemented.)

\(3\) Publication.

\(a\) A copy of the Notice of Default and Foreclosure Sale must be

published once a week during three successive calendar weeks before the

date of the foreclosure sale. Such publication must be in a newspaper or

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newspapers having general circulation in the county or counties in which

the security property being sold is located. A legal newspaper that is

accepted as a newspaper of legal record in the county or counties in
which

the security property being sold is located is a newspaper having
general

circulation for the purposes of this paragraph. \[The published copy of
the

Notice may omit certain information about the mortgagor\'s default (the

fourth \"whereas\" clause, or the second \"whereas\" clause if there is
a

purchase money mortgage), if you so determine.\]

\(b\) If there is no newspaper of general circulation published at

least weekly in the county or counties in which the security property
being

sold is located, copies of the Notice of Default and Foreclosure Sale
must

be posted, not less than 21 days before the date of the foreclosure
sale,

at the courthouse of any county or counties in which the security
property

is located and at the place where the sale is to be held.

B. At least 7 days prior to the sale, you should record the Notice

and your Designation as Foreclosure Commissioner in the same office or

offices in which the mortgage was recorded.

IV.PRESALE REINSTATEMENT - WITHDRAWAL OF PROPERTY FROM SALE

A. You will immediately withdraw the security property from

foreclosure and cancel the foreclosure sale if:

\(1\) You are so directed by the Field Office representative or an

alternate HUD designee, prior to or at the time of sale; or

9

\(2\) You find, upon application of the mortgagor not less than three

business days before the date of the sale, that the default or defaults

upon which the foreclosure is based did not exist at the time of service
of

the Notice of Default and Foreclosure Sale; or

\(3\) In the case of a foreclosure involving a monetary default:

\(a\) There is tendered to you before public auction is completed all

amounts that would be due under the mortgage agreement if payments under

the mortgage had not been accelerated, and all costs of foreclosure

incurred for which payment from the proceeds of foreclosure is provided
in

the Act, as reflected in section 13 of the Appendix to the Final Rule,
and

\(b\) You find that there are no nonmonetary defaults; provided,

however, that the HUD Field Office representative may refuse to cancel a

foreclosure sale pursuant to this subparagraph if the current mortgagor
or

owner of record has, on one or more previous occasions, caused a

foreclosure of the mortgage, commenced pursuant to the Act or otherwise,
to

be canceled by curing a default; or

\(4\) In the case of a foreclosure involving a nonmonetary default:

\(a\) You find, upon application of the mortgagor before the date of

foreclosure sale, that all nonmonetary defaults are cured and that there

are no monetary defaults; and

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\(b\) There is tendered to you before public auction is completed all

amounts due under the mortgage agreement if payments under the mortgage
had

not been accelerated, including all amounts of expenditures secured by
the

mortgage and all costs of foreclosure incurred for which payment would
be

made from the proceeds of foreclosure

B. Before withdrawing the security property from foreclosure under

subparagraphs (A) (2), (3), or (4) of this section, you must notify the
HUD

Field Office representative or an alternate designee by telephone or
other

telecommunication device of the proposed withdrawal. You must also
provide

that HUD representative with a written statement of the reasons for the

proposed withdrawal along with all documents submitted by the mortgagor
in

support of the proposed withdrawal. Upon receipt of this statement, the

HUD representative has ten (10) days in which to demonstrate why the

security property should not be withdrawn from foreclosure, and if this

demonstration is made, then the Property will not be withdrawn from

foreclosure. The HUD representative will provide the mortgagor with a
copy

of any statement prepared by that representative in opposition to the

proposed withdrawal at the same time the statement is submitted to you.
If

the HUD representative receives your written statement less than 10 days

before the scheduled foreclosure sale, the sale will automatically be

postponed for 14 days. Under these circumstances, notice of the
rescheduled

sale, if any, will be served as described in section V(D) below.

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C. If you cancel the foreclosure, the mortgage will continue in

effect as though acceleration had not occurred.

D. Cancellation of a foreclosure sale will have no effect on the

commencement of a subsequent foreclosure proceeding.

E. You must file a notice of cancellation in the same place and

manner provided for filing the Notice of Default and Foreclosure Sale as

provided in section III(A) (1) above. In addition, you shall have a
notice

of the cancellation published in the same newspaper in which the Notice
of

Default and Foreclosure Sale was published, mail a notice of
cancellation

to each party to whom you mailed a Notice of Default and Foreclosure
Sale,

and post a notice of cancellation at the property if you posted a Notice
of

Default and Foreclosure Sale there. The notice of cancellation shall

include, at a minimum, the street address and legal description of the

property, the date and place of the scheduled sale, and the fact that
the

sale will not be held. In addition, you shall announce the cancellation
at

the time and place of the scheduled sale, unless a HUD representative

elects to make the announcement. If there is not enough time before the

scheduled sale to provide written notice of the cancellation, an

announcement of the cancellation at the time and place of sale will

suffice.

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V.ADJOURNMENT OR CANCELLATION OF SALE

A. You may, before or at the time of the foreclosure sale, adjourn

or cancel the foreclosure sale if you determine, in your discretion,
that:

\(1\) Circumstances are not conducive to a sale which is fair to the

mortgagor and the Secretary, or

\(2\) Additional time is necessary to determine whether the security

property should be withdrawn from foreclosure, as provided in section IV

above.

B. In deciding whether circumstances are conducive to a fair sale,

you may only consider circumstances which exist or are likely to exist
at

the time of the sale and which will reduce significantly the attendance
at

the sale or the proceeds realized by the sale. Such circumstances
include,

but are not limited to, major adverse weather conditions, disasters,

quarantine, or destruction of the property to be sold.

C. You may adjourn a foreclosure sale to a later hour within the

period from 9:00 a.m. to 4:00 p.m. on the same day by announcing or

posting, at the original place of sale, the new time of the foreclosure

sale. The adjourned sale must be at the original place of sale.

D. Except as provided in paragraph (C) of this section, you may

adjourn a foreclosure sale for not less than 9 and not more than 31
days,

in which case you must serve a Notice of Default and Foreclosure Sale
that

is revised to state that the foreclosure sale has been adjourned to a

specified date and time.

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The revised Notice may include any other information you deem
appropriate.

\(1\) Such Notice is to be served as provided in section III, above,

except that publication may be made on any of three consecutive days
prior

to the revised date of foreclosure sale, as long as the first
publication

is made at least seven days before the revised sale date.

\(2\) Notice provided by filing and mailing is to be made at least

seven days before the date to which the foreclosure sale has been

adjourned.

\(3\) In the case of a sale adjourned to a later date, you must also

mail a copy of the revised Notice of Default and Foreclosure Sale to the

HUD Field Office representative at least seven days before the date to

which the sale has been adjourned.

E. Provisions of IV(C), (D), and (E) apply to foreclosures adjourned

or cancelled under this section.

VI\. CONDUCT OF SALE

A. The foreclosure sale shall be conducted in a manner and at a time

and place as identified in the Notice of Default and Foreclosure Sale.
The

sale shall be scheduled for a date 30 or more days after the due date of

the earliest unpaid installment as described in section 7(e) of the

Appendix to the Final Rule, or the earliest occurrence of a nonmonetary

default.

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B. You shall conduct the foreclosure sale in a manner that is fair

to both the mortgagor and the Secretary (see section V(B), above) and

consistent with the provisions of the Act.

C. You shall attend the foreclosure sale in person or, if not a

natural person, through a duly authorized employee. If more than one

commissioner has been designated, at least one must attend the sale.

D. Bidding instructions will be provided to you by the Field Office

representative. In addition to bids made in person at the sale, you
shall

accept written one-price sealed bids from any party, including the

Secretary, for entry by announcement at the sale so long as those bids

conform to the requirements described in the Notice of Default and

Foreclosure Sale. You shall announce the name of each bidder and the

amount of the bid. You shall accept oral bids from any party, including

parties who submitted one-price sealed bids, if those oral bids conform
to

the requirements in the Notice of Default and Foreclosure Sale. Before
the

close of the sale, you shall announce the amount of the high bid and the

name of the successful bidder.

E. Notwithstanding the provisions of paragraph D. of this section,

neither you nor any relative, related business entity, or employee is

permitted to bid in any manner on the security property subject to the

foreclosure sale, except that you or an auctioneer may be directed by
the

HUD Field Office representative to enter a bid on the Secretary\'s
behalf.

Your relatives who may not bid include parents, siblings, spouses and

15

children. A related business entity that may not bid or whose employees

may not bid is one whose relationship (at the time you are designated
and

during the term of your service as foreclosure commissioner) with the

entity of the foreclosure commissioner is such that, directly or

indirectly, one entity formulates, directs, or controls the other
entity;

or has the power to formulate, direct, or control the other entity; or
has

the responsibility and authority to prevent, or promptly to correct,

offensive conduct of the other entity.

F. You may serve as an auctioneer, or you may employ an auctioneer

to conduct the sale. If you employ an auctioneer to conduct the

foreclosure sale, the auctioneer must be a licensed auctioneer, an
officer

of State or local government, or any other person who commonly conducts

foreclosure sales in the area in which the security property is located.

You will compensate an auctioneer from the proceeds of your commission

described in section VII, below.

G. You may require a bidder to make a deposit in either a specified

dollar amount or as a percentage of the bid, as you shall determine. Any

deposit requirement shall be stated in the Notice of Default and

Foreclosure Sale. At the conclusion of the sale, the deposits of any

unsuccessful bidders will be returned to them.

H. Payments from Purchasers

No later than two business days after your receipt of a deposit in the

form of a certified or cashier\'s check payable to

16

the Secretary of the Department of Housing and Urban Development, you
shall

remit it by overnight mail/delivery to:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Your transmittal letter must include the mortgagor\'s name, FHA case
number,

and property address. A copy of the transmittal letter shall be sent to

the HUD Field Office representative by first class mail.

The remainder of the purchase price must be paid in accordance with

instructions from the HUD Field Office representative and as set forth
in

the Notice of Default and Foreclosure Sale.

Reports of the outcome of sales conducted by you are to be included in

the monthly reports made to the Field Office representative (see Sec.
XIV

of these Instructions).

If the Secretary is the successful bidder, there will be no deposit or

subsequent payment required.

If a party other than the Secretary is the successful bidder, you

shall immediately notify the HUD Office representative and make

arrangements to hold the closing at a time and place that is mutually

convenient. You shall submit notification to the HUD Field Office

representative about a third-party sale no later than the close of
business

on the second business day after the sale.

17

VII\. FORECLOSURE COSTS

The following foreclosure costs will be paid by HUD from the sale

proceeds, or from other available sources, if sales proceeds are

insufficient, before satisfaction of any other claim to the sale
proceeds:

\(A\) Advertising costs and postage expenses incurred in serving the

Notice of Default and Foreclosure Sale.

\(B\) Mileage by the most reasonable road distance for posting the

Notice of Default and Foreclosure Sale, if required, and for your or the

auctioneer\'s attendance at the sale. The mileage is paid at the rate

provided in 28 U.S.C. 1821.

\(C\) Reasonable and customary costs incurred for title and lien record

searches.

\(D\) The necessary out-of-pocket costs you incurred for recording

documents.

\(E\) Your commission for the conduct of the foreclosure in the amount

set forth in your Designation as a Foreclosure Commissioner for the
State

in which the security property is located. A commission may be allowed
to

you notwithstanding termination of the sale or appointment of a
substitute

commissioner before the sale takes place, as provided in the Designation

document.

18

VIII\. DISPOSITION OF SALE PROCEEDS

A. The proceeds of the foreclosure sale are paid out in the following

order:

\(1\) To cover the costs of foreclosure described in section VII, above.

\(2\) To pay valid tax liens or assessments on the security property as

provided in the Notice of Default and Foreclosure Sale.

\(3\) To pay any liens recorded before the recording of the foreclosed

mortgage which are required to be paid in conformity with the Notice of

Default and Foreclosure Sale.

\(4\) To pay service charges and advances for taxes, assessments, and

property insurance premiums which were made under the terms of the

foreclosed mortgage.

\(5\) To pay the interest due under the mortgage debt.

\(6\) To pay the unpaid principal balance secured by the mortgage

(including expenditures for the necessary protection, preservation, and

repair of the security property as authorized under the mortgage
agreement

and interest thereon if provided in the mortgage agreement).

\(7\) To pay any late charges or fees.

B. Any surplus proceeds from a foreclosure sale will be applied,

after payment of the items described in paragraph (A) of this section,
in

the order as follows:

19

\(1\) To pay any liens recorded after the foreclosed mortgage in the

order of priority under the law of the State in which the security
property

is located.

\(2\) To pay the surplus to the mortgagor.

C. If the person to whom surplus proceeds are to be paid cannot be

located, or if the surplus available is insufficient to pay all
claimants

and the claimants cannot agree on the allocation of the surplus, or if
any

person claiming an interest in the mortgage proceeds disagrees with the

proposed disposition of the disputed proceeds, you may be asked by the
HUD

Field Office representative to deposit the disputed funds with a legally

authorized official or court. If a procedure for the deposit of disputed

funds is not available, and a bill of interpleader is filed or you are
sued

as a stakeholder to determine entitlement to such funds, your necessary

costs in taking or defending such action is deductible from the disputed

funds.

IX\. TRANSFER OF TITLE AND POSSESSION

A. If the Secretary is the successful bidder, you shall issue a deed

to the Secretary upon receipt of the amount needed to pay the costs for
tax

liens and prior liens, as listed in sections VIII(A)(2) and (3), above,
and

in the Appendix to the Final Rule, parts 14(a) (2) and (3).

B. If the Secretary is not the successful bidder, you shall issue a

deed to the purchaser or purchasers upon receipt of

20

the entire purchase price in accordance with the terms of the sale as

provided in the Notice of Default and Foreclosure Sale. Payments are to
be

handled as set forth in Sec. VI.H. of these Instructions.

C. The deed or deeds you issue shall be without warranty or

covenants to the purchaser or purchasers. You may use the attached form

deed, modified as appropriate to conform to local recordation
requirements

Note that necessary steps shall be taken to ensure that the chain of
title

can subsequently be identified.

D. A purchaser at a foreclosure sale held pursuant to the Act,

whether the Secretary or a third party, is entitled to possession upon

passage of title under paragraph (C) of this section, subject to any

interest or interests that are not barred, as described in section 18 of

the Appendix to the Final Rule. Any person remaining in possession of
the

property after the passage of title is deemed a tenant at sufferance

subject to eviction under applicable law.

E. If a purchaser dies before execution and delivery of the deed

conveying the property to the purchaser, you shall execute and deliver
the

deed to a legal representative of the decedent purchaser\'s estate upon

payment of the purchase price in accordance with the terms of sale. Such

delivery to the representative of the purchaser\'s estate will have the
same

effect as if accomplished during the lifetime of the purchaser.

21

X. RECORDATION AND DISPOSITION OF DOCUMENTS

A. If the Secretary is the successful bidder, you shall record the

deed in the appropriate recorder\'s office as soon as possible, but no
later

than three business days after the sale. When recording the deed to the

Secretary, you shall instruct the recorder\'s office to forward the
recorded

original document to the HUD Field Office Representative.

B. When a party other than the Secretary purchases the property at

the foreclosure sale, that party is responsible for having the deed

recorded. You shall provide the HUD Field Office representative with a

copy of the deed you deliver to the purchaser.

C. You must include in the recitals of the deed to the

purchaser/successful bidder, or in an affidavit or addendum to be
recorded

with the deed, the following items:

\(1\) The date, time, and place of the foreclosure sale.

\(2\) A statement that the foreclosed mortgage was held by the

Secretary.

\(3\) The date of the foreclosed mortgage, the date of recordation of

that mortgage, the office in which the mortgage was recorded, and the
liber

and folio numbers or other appropriate description of the recordation of

the mortgage.

\(4\) The details of the service of the Notice of Default and

Foreclosure Sale, including the names and addresses of the persons to
whom

the Notice was mailed and the date on which the Notice was mailed, the
name

of the newspaper in which the Notice was published and the dates of

22

publication, and the date on which service by posting, if required, was

accomplished.

\(5\) The date and place of filing the Notice of Default and Foreclosure

Sale.

\(6\) A statement that the foreclosure was conducted in accordance with

the provisions of the Act and with the terms of the Notice of Default
and

Foreclosure Sale.

\(7\) The name of the successful bidder and the amount of the successful

bid.

You may make these recitations in an affidavit or addendum to the

deed, but in either case that affidavit or addendum must be recorded
with

the deed, as provided in the Act.

D. If the Secretary is the purchaser, you may include the recording

costs among the expenses you claim under Part VII of these Instructions.

E. When you convey the property to the Secretary, no tax may be \--

posed or collected with respect to your deed, including any tax
customarily

imposed upon the deed instrument or upon the conveyance or transfer of

title to the property.

F. The register of deeds or other appropriate official in the county

where the property is located must, upon tendering of the customary

recording fees, accept all instruments pertaining to the foreclosure
which

you submit for recordation. If you elect to include the recitations

described in paragraph (C) of this section in an affidavit or an
addendum

to the deed, the affidavit or addendum must be accepted for recordation.

23

to collect or pay a tax as described in paragraph (E) of this section is

not grounds for refusing to record such instruments, for failing to

recognize such recordation as imparting notice, or for denying the

enforcement of such instruments and their provisions in any State or

Federal Court.

G. The Clerk of the Court or other appropriate official must cancel

all liens as requested by you.

H. If you encounter problems with the recordation of documents or

cancellation of liens, you shall provide such information to the HUD
Field

Office representative immediately.

XI\. FAILURE TO CLOSE THE SALE

A successful bidder at the foreclosure sale who fails to comply with

the terms of the sale may be required to forfeit the cash deposit or, at

your election, and after consultation with the HUD Field Office

representative, will be liable to the Secretary for any costs incurred
as a

result of such failure.

If the high bidder is other than HUD and is unable to close the sale

within the required time or within any extensions of time granted by
HUD,

you shall check with the HUD Field Office representative to determine if

you should offer the property to the second highest bidder for the
highest

price offered by that bidder. If such an offer is made and accepted, all

of the terms of the sale contained in the Notice of Default and
Foreclosure

Sale will be applicable. Within two business days after acceptance, you

shall (1) collect a deposit from the second

24

highest bidder in the amount specified in the Notice of Default and

Foreclosure Sale, and (2) notify the HUD Field Office representative so

that a closing can be arranged. The deposit payments received from that

second highest bidder shall be handled as set forth in Sec. VI.H. of
these

Instructions. If the second highest bidder refuses the offer, or fails
to

comply with terms of the sale, you shall request further instructions
from

the Field Office representative about offering the property to the next

highest bidder, having a new sale, or other instructions at the
discretion

of the Field Office representative.

XII.OTHER FUNDS RECEIVED AND TRANSMITTED TO HUD

In addition to funds collected from third party purchasers, you may

also accept funds from mortgagors for payoffs or to bring their accounts

current or as otherwise authorized by the Field Office representative.

These funds must be in the form of a certified or cashier\'s check
payable

to the Secretary and shall be transmitted to HUD in the same manner as

deposits and other funds from third party purchasers as set forth in
Sec.

VI.H. above.

XIII\. TERMINATION AND SUSPENSION OF FORECLOSURE

A. Termination.

\(1\) If a deed in lieu of foreclosure is accepted by HUD, or if you are

authorized by the HUD Field Office representative to

25

accept a deed in lieu of foreclosure, you shall terminate the
foreclosure

action and return the case to the Field Office.

\(2\) The HUD Field Office representative may also advise you to

terminate the foreclosure in other circumstances, such as receipt of

sufficient payment under a Chapter 13 bankruptcy plan, and to return the

case for further servicing.

B. Suspension

You shall suspend foreclosure in the event of a bankruptcy filing or

other litigation requiring court action which necessitates involvement
of

HUD Counsel or the U.S. Attorney\'s Office. You shall request
instructions

from the HUD Field Office representative about retaining or returning
the

case.

XIV\. REPORTS TO HUD

Information to be submitted in a monthly report to the HUD Field

Office representative must include the following items and events:

Mortgagor Information: Name

FHA No.

Address of the property

Events: Title report/update obtained

Service of notice: recordation

mail

publication

posting (if required)

26

Sale: date scheduled

date held

Deed/documents filed for recordation

XV\. PAYMENTS BY HUD TO FORECLOSURE COMMISSIONER

A. You may submit your claim for your commission and reimbursements

after the deed to HUD has been filed for recordation or after you have

issued a deed to a third party purchaser. You shall keep such records as

will permit the Secretary to verify the costs claimed.

B. When submitting your claim for reimbursement of amounts claimed

under Sec. VII (A)-(D), you shall itemize all expenses. You shall submit

receipts for expenses which exceed \$25.00.

C. If a foreclosure is terminated or withdrawn prior to completion,

you shall be paid a percentage of the commission, as described in the

Referral letter and the Foreclosure Commissioner Designation, in
addition

to reimbursement of your out-of-pocket expenses.

D. If a foreclosure is suspended (see Sec. XIII above), and if you

have incurred costs described in Sec. VII, you may submit an interim
bill

to the HUD Field Office representative. Your invoice for subsequent
out-of-

pocket expenses, in addition to your commission, shall be submitted at
such

time as the foreclosure is completed or the case is terminated or
otherwise

withdrawn by the HUD Field office representative.

DRAFT

REFERRAL OF SINGLE FAMILY MORTGAGE FORECLOSURE(S)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date

TO: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Subject: Referral of Single Family Mortgage Foreclosure(s)

FHA No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of Mortgagor:

Property Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FHA No. \_\_\_\_\_\_\_\_\_\_\_\_\_ Name of Mortgagor:

Property Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FHA No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of Mortgagor:

Property Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

On (date) you were designated as a Foreclosure Commissioner for the

Secretary of Housing and Urban Development with respect to single family

foreclosures to be handled pursuant to Section 805 of the Single Family

Mortgage Foreclosure Act of 1994 (\"Act\"), 12 U.S.C. 3754. In
accordance

with that Designation, we are referring to you the captioned case(s) for

foreclosure.

The following materials are enclosed:

1\. Instructions to Foreclosure Commissioner;

2\. Notice of Default and Foreclosure Sale Form;

3\. Deed Form

4\. Copies of loan documents for each case referred:

a\. Mortgage \[Deed of Trust\] \[Mortgage Deed\] \[Security Deed\]

\[Purchase Money Mortgage\];

b\. Mortgage Note \[Deed of Trust Note\];

c\. Assignment of \[Mortgage\] \[Deed of Trust\] \[Mortgage Deed\]

\[Security Deed\] to the Secretary \[unless Purchase Money

Mortgage\];

d\. Latest title evidence in our possession;

At the time of your designation as Foreclosure Commissioner, HUD\'s
Field

Assistant General Counsel also sent you a copy of the Single Family

Mortgage Foreclosure Act (12 USC 3751 et seq.) and the Final Rule with
an

Appendix.

As set forth in your Designation, the commission that will be paid to

you for a completed foreclosure in the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

is \$ \_\_\_\_\_\_\_\_\_\_\_\_\_. A percentage of that amount will be
paid for a case

that is withdrawn by HUD, based on the following schedule:

20% Work completed up to \"service\" of the Notice of Foreclosure and

Sale

80% Notice of Foreclosure and Sale has been \"served,\" including the

start of publication, or posting if required.

Payment will be made as described in Section XIV of the enclosed

Instructions. You are to submit your statements to your HUD contact
person

(see below), or as otherwise instructed by that contact person. When you

submit your statement of expenditures, you must send the original
invoice

for every reimbursable cost over \$25, along with evidence of payment.
You

should also include your Social Security Number or your firm\'s Taxpayer

Identification Number.

Your contact person at HUD will be
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in

HUD\'s \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Office, located at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

The telephone number there is
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. If that person is

not immediately available, you may contact
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in

this office at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
or you may contact me at

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[Signature and Typed Name of

one of the following\]

3

\[Single Family Housing Div. Director\]

OR

\[Dir. of Housing in Category AA Office\]

OR

\[Debt Management Center Director\]

OR

\[Office of Affordable Housing, CPD\]

Enclosures

cc: HUD Chief Counsel/Chief Attorney in Field Office

DRAFT

NOTICE OF DEFAULT AND FORECLOSURE SALE

WHEREAS, on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, a
certain Mortgage \[Deed

of Trust\] \[Mortgage Deed\] \[Security Deed\] was executed by

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
as mortgagor \[trustor\] \[grantor\] in

favor of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
as mortgagee \[beneficiary\]

\[grantee\] \[and as trustee\], and was recorded on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, in Book

\_\_\_\_\_\_\_\_, Page \_\_\_\_\_\_\_\_\_\_\_ \[as Instrument No.
\_\_\_\_\_\_\_\] in the Office of the

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ County,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_; and

1/WHEREAS, the Mortgage \[Deed of Trust\] \[Mortgage Deed\] \[Security

Deed\] was insured by the United States Secretary of Housing and Urban

Development (the Secretary) pursuant to Section \_\_\_\_\_\_\_\_\_\_\_\_
of the

National Housing Act, 12 U.S.C. \_\_\_\_\_\_, for the purpose of
providing single

family housing; and

1/WHEREAS, the Mortgage \[beneficial interest in the Deed of Trust\]

\[Mortgage Deed\] \[Security Deed\] is now owned by the Secretary,
pursuant to

an assignment dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and recorded on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

in Book \_\_\_\_\_\_\_\_, Page \_\_\_\_, \[as Instrument Number
\_\_\_\_\_\_\_\_\], in the Office

of the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ County,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ;

and

WHEREAS, a default has been made in the covenants and conditions of

the Mortgage \[Deed of Trust\] \[Mortgage Deed\] \[Security Deed\] in
that the

payment due on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, was not

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

1/ Omit the above 2d and 3d \"Whereas\" clauses in Purchase Money
Mortgage

cases, in Sec. 312 cases, or as otherwise appropriate.

2

made and remains wholly unpaid as of the date of this notice, and no

payment has been made sufficient to restore the loan to currency; and

WHEREAS, by virtue of this default, the Secretary has declared the

entire amount of the indebtedness secured by the Mortgage \[Deed of
Trust\]

\[Mortgage Deed\] \[Security Deed\] to be immediately due and payable;

NOW THEREFORE, pursuant to powers vested in me by the Single Family

Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR Part

29, and by the Secretary\'s designation of me as Foreclosure
Commissioner,

notice is hereby given that on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_

local time, all real and personal property at or used in connection with

the following described premises located at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(\"Property\"), will be sold at public auction to the highest bidder:

The sale will be held at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[The Secretary of Housing and Urban Development will bid

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

There will be no proration of taxes, rents or other income or

liabilities, except that the purchaser will pay, at or before closing,
his

prorata share of any real estate taxes that have

3

been paid on the project by the Secretary to the date of the foreclosure

sale.

When making their bid, all bidders except the Secretary must submit a

deposit totaling \$ \_\_\_\_\_\_\_ \[10% of the Secretary\'s bid\] in
the form of a

certified check or cashier\'s check made out to the Secretary of HUD.
Each

oral bid need not be accompanied by a deposit. If the successful bid is

oral, a deposit of \$\_\_\_\_\_\_\_\_\_\_\_ must be presented before the
bidding is

closed. The deposit is nonrefundable. The remainder of the purchase
price

must be delivered within 30 days of the sale or at such other time as
the

Secretary may determine for good cause shown, time being of the essence.

This amount, like the bid deposits, must be delivered in the form of a

certified or cashier\'s check. If the Secretary is the high bidder, he
need

not pay the bid amount in cash. The successful bidder will pay all

conveyancing fees, all real estate and other taxes that are due on or
after

the date of closing and all other costs associated with the transfer of

title. At the conclusion of the sale, the deposits of the unsuccessful

bidders will be returned to them.

The Secretary may grant an extension of time within which to close.

All extensions will be for 30 days, and a fee will be charged in the
amount

of 1.5% of the unpaid balance of the purchase price or HOD\'s holding
costs,

whichever is greater. The extension fee shall be paid in the form of a

certified or cashier\'s check made payable to the Secretary of Housing
and

Urban Development. If the high bidder closes the sale prior to

4

the expiration of any extension period, the unused portion of the
extension

fee shall be applied toward the amount due at closing.

If the high bidder is unable to close the sale within the required

period, or within any extensions of time granted by the Secretary, the
high

bidder\'s deposit will be forfeited, and the Commissioner may, at the

direction of the HUD Field Office Representative, offer the Project to
the

second highest bidder for an amount equal to the highest price offered
by

that bidder. All other terms of the sale would remain the same. If the

second highest bidder rejects the Commissioner\'s offer, the Field
Office

Representative will provide instructions to the Commissioner about

cancellation of the sale or other action to be, taken.

Dated: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Signature of Foreclosure Commissioner

with Typed Name, Address and Telephone

No.\]

DEED

This indenture made this \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

WHEREAS, on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, a certain Mortgage
\[Deed of Trust\]

\[Mortgage Deed\] \[Security Deed\] was executed by

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
as mortgagor \[trustor\] \[grantor\], in

favor of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as mortgagee
\[trustee\] \[grantee\] \[and as

beneficiary\], and was recorded on\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, in
Book \_\_\_\_\_\_\_\_\_\_\_\_\_,

Page \_\_\_\_\_\_\_, \[as Instrument number \_\_\_\_\_\_\_\_\_\_\_,\] in
the Office of the

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ County,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_;

and

1/WHEREAS, on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, the Mortgage
\[beneficial interest in

the Deed of Trust\] \[Mortgage Deed\] \[Security Deed\] was assigned to
the

United States Secretary of Housing and Urban Development (the
Secretary);

and

WHEREAS, by virtue of a default in the covenants and conditions of the

Mortgage \[Deed of Trust\] \[Mortgage Deed\] \[Security Deed\] the
Secretary

designated me as foreclosure commissioner to conduct a nonjudicial

foreclosure of the Mortgage \[Deed of Trust\] \[Mortgage Deed\]
\[Security Deed\]

under the provisions of the Single Family Mortgage Foreclosure Act of
1994

(\"Act\"),, 12 U.S.C. 3751 et seq.; and

WHEREAS, a Notice of Default and Foreclosure Sale was sent by

certified mail, return receipt requested, (1) on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

1/ Eliminate this paragraph in Purchase Money Mortgage, Sec. 312, or
other

appropriate cases.

2

to
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
the owner of the property

secured by the mortgage as shown by the public record on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

\(2\) on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, to
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
and

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, the parties
shown on the public record as of

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to be
liable for part or all of the

mortgage debt, and (3) on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, to
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
the parties who as of \_\_\_\_\_\_\_\_\_\_\_\_\_,

had a lien on the property secured by the Mortgage; and

WHEREAS, a copy of the Notice of Default and Foreclosure sale was

published in the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_; and

2/WHEREAS, a copy of the Notice of Default and Foreclosure Sale was

posted in a prominent place at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on
\_\_\_\_\_\_\_\_\_\_\_\_\_; and

WHEREAS, pursuant to the Notice of Default and Foreclosure Sale and to

the Act, a foreclosure sale was held on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, at which

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ submitted the highest
bid in the amount of

\$\_\_\_\_\_\_\_\_; and

WHEREAS, the following costs were incurred in conducting the

foreclosure sale:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

2/ Posting required only if there is no newspaper of general
circulation,

or if there are multiple dwellings.

3

a\. \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for advertising and postage
expenses

incurred in mailing, and publishing the Notice of Default and

Foreclosure Sale.

b\. \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for mileage expenses
incurred in posting the

Notice of Default and Foreclosure Sale, and for the

commissioner\'s attendance at the foreclosure sale.

c\. \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for reasonable and
necessary costs incurred

for title and lien record searches.

d\. \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for the commissioner\'s
necessary out-of-

pocket expenses incurred for recording documents.

e\. \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as commission to the
foreclosure

commissioner.

NOW THEREFORE, for one dollar and other good and valuable consideration,

the undersigned hereby grants, bargains, sells, and conveys to

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, the following
described property located in

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
County,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_:

4

The grantor hereby conveys to the grantee all right, title and

interest in the above property held by the grantor herein, the
Secretary,

\[the trustee, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\] \[the
mortgagor\] \[trustor\] \[the grantor

under the Deed of Trust\] or any other party claiming by, through, or
under

them on the date the Mortgage \[Deed of Trust\] \[Mortgage Deed\]
\[Security

Deed\] referred to above was recorded and any interest acquired by any
of

them until the date of the foreclosure sale.

Foreclosure Commissioner

\[Address\]

\[Acknowledgment\]