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2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4820. Valuation determined

§ 4820. Valuation determined
After such deed is so lodged, the court shall appoint a committee of three disinterested persons from the vicinity in which the land lies, who, on oath, shall ascertain what would then have been the value of such land if betterments had not been made thereon, and make and return a report thereof in writing to the clerk of the court within 30 days from the date of the determination of the matter.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4821. Value paid; no further proceedings

§ 4821. Value paid; no further proceedings
Further proceedings shall not be had on the judgment rendered in the action of ejectment, when the defendant pays to the plaintiff or to the clerk of the court for the use of the plaintiff or his or her legal representatives, the sum reported by the committee, with the costs of suit and after-proceedings, and the interest thereon, within four years from filing the deed as aforesaid, in four equal and annual payments of which the first shall be within one year from the time of filing the deed.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4822. Value not paid; writ to issue

§ 4822. Value not paid; writ to issue
When the defendant does not pay an installment of the sum so reported, with costs and interest from the date of the deed, such deed shall be returned to the plaintiff, and the writ of possession and execution for the costs shall issue accordingly.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4823. Rights of a representative

§ 4823. Rights of a representative
When either party dies pending the proceedings as to betterments, his or her executor or administrator may do, as to such proceedings for betterments, whatever the deceased party could have done had he or she been living. A conveyance by an executor or administrator, agreeably to this chapter, shall convey the title of the person whom he or she represents, to the land recovered.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4851. Issuance of process by Superior judge

§ 4851. Issuance of process by Superior judge
When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a person holding under the lessee, the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore him or her to the possession thereof. (Amended 1971, No. 185 (Adj. Sess.), § 138, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 28, eff. April 9, 1974; 1989, No. 221 (Adj. Sess.), § 7, eff. Oct. 1, 1990.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4852. Mode of process; declaration; trial by jury

§ 4852. Mode of process; declaration; trial by jury
The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff which shall state that the defendant is in the possession of the lands or tenements in question (describing them), which the tenant holds unlawfully and against the right of the plaintiff. A copy of the rental agreement, if any, and any notice to terminate the defendant’s tenancy shall be attached to the complaint. Either party shall have the right to a trial by jury. (Amended 1971, No. 185 (Adj. Sess.), § 139, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 29, eff. April 9, 1974; 1999, No. 115 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4853. Service of process

§ 4853. Service of process
The process shall be served and notice given as in other civil actions. (Amended 1971, No. 185 (Adj. Sess.), § 140, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 30, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4853b. Unlawful occupant; expedited hearing

§ 4853b. Unlawful occupant; expedited hearing
(a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the tenant may file a motion for a judgment that the plaintiff is entitled to immediate possession of the premises on the grounds that the defendant is a person that is occupying a dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2).
(2) The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by an affidavit setting forth particular facts in support of the motion and a copy of the lease agreement.
(b) A hearing on the motion shall be held any time after 10 days’ notice to the parties.
(c) At any time before the hearing, the defendant may oppose the motion pursuant to Rule (7)(b)(6) of the Vermont Rules of Civil Procedure by filing an affidavit, a signed written statement, or a memorandum in opposition to the motion. The affidavit, signed written statement, or memorandum shall set forth particular facts to show that a genuine dispute of fact exists in relation to the motion.
(d)(1) If the defendant fails to appear for the hearing, or to file an affidavit, signed written statement, or memorandum in opposition to the plaintiff’s motion, or has failed to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of Civil Procedure, the plaintiff shall be entitled to judgment by default for immediate possession of the premises.
(2) If the court finds that the defendant is a person that is occupying the dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2), the court shall grant the plaintiff’s motion and issue judgment in favor of the plaintiff for immediate possession of the premises.
(e) If the court issues judgment in favor of the plaintiff pursuant to subsection (d) of this section, the court shall, on the date judgment is entered, issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not sooner than five days after the writ is served, to put the plaintiff into possession.
(f) At any time prior to the execution of the writ of possession, the defendant may file an affidavit, signed written statement, or a motion with the court setting forth facts demonstrating that the defendant is occupying the premises lawfully. The court shall treat an affidavit, signed written statement, or a motion filed under this subsection as a motion pursuant to Rule 59 or 60 of the Vermont Rules of Civil Procedure, as appropriate. (Added 2015, No. 126 (Adj. Sess.), § 5; amended 2021, No. 147 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4854. Judgment for plaintiff; writ of possession

§ 4854. Judgment for plaintiff; writ of possession
If the court finds that the plaintiff is entitled to possession of the premises, the plaintiff shall have judgment for possession and rents due, damages, and costs, and when a written rental agreement so provides, the court may award reasonable attorney’s fees. A writ of possession shall issue on the date judgment is entered, unless the court for good cause orders a stay. The writ shall direct the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not earlier than 14 days after the writ is served, to put the plaintiff into possession. (Amended 1979, No. 2, § 1, eff. Feb. 14, 1979; 1985, No. 175 (Adj. Sess.), § 2; 1999, No. 115 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 52; 2017, No. 11, § 19.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4854a. Property of tenant remaining on premises after eviction

§ 4854a. Property of tenant remaining on premises after eviction
(a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property:
(1) 15 days after a writ of possession is served pursuant to this chapter or upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, whichever is later; or
(2) in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later.
(b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day after the landlord is legally restored to possession of the dwelling unit or leased premises. (Added 2011, No. 137 (Adj. Sess.), § 11, eff. May 14, 2012; amended 2015, No. 9, § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4855. Close jail execution, when not to issue

§ 4855. Close jail execution, when not to issue
When such judgment includes rent for the use of leased premises prior to the giving of notice to quit, the court shall not certify on an execution issued thereon that the cause of action arose from the willful and malicious act and neglect of the defendant, and that the defendant ought to be confined in close jail.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4856. Judgment for defendant; execution

§ 4856. Judgment for defendant; execution
When the plaintiff’s complaint is dismissed or he or she does not prove his or her right to the possession, the defendant shall have judgment for his or her costs, and execution therefor. (Amended 1971, No. 185 (Adj. Sess.), § 141, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4911. Entry or detainer with force; forcible entry prohibited

§ 4911. Entry or detainer with force; forcible entry prohibited
A person shall not make entry into lands, tenements, or other possessions, except where entry is given by law; and in such case, not with strong hand nor with multitude of people, but only in a peaceable manner. A person who violates a provision of this section shall be fined as hereinafter provided.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4912. Trial of forcible entry and detainer

§ 4912. Trial of forcible entry and detainer
A district judge may inquire by a jury against those who make unlawful and forcible entry into lands, tenements, or other possessions and with strong hand detain the same, and against those who, having made a lawful and peaceable entry into lands and tenements, unlawfully and by force hold the same. (Amended 1973, No. 249 (Adj. Sess.), § 31, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4913. Restitution

§ 4913. Restitution
When it is found upon such inquiry that an unlawful and forcible entry has been made, and that such lands, tenements, or other possessions are held and detained by force and strong hand or that the same, after a lawful entry, are held unlawfully and with force, the judge shall cause the party complaining to have restitution thereof. (Amended 1973, No. 249 (Adj. Sess.), § 32, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4914. Complaint and warrant

§ 4914. Complaint and warrant
When a complaint is formally made in writing, to a district judge of such unlawful or forcible entry or detainer, he or she shall issue a warrant returnable within such county not less than six business days thereafter, which shall be directed to the sheriff, commanding such officer to apprehend the person against whom such complaint is made and bring him or her before the district judge having jurisdiction. (Amended 1973, No. 249 (Adj. Sess.), § 33, eff. April 9, 1974; 2017, No. 11, § 20.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4916. Verdict of guilty, restitution ordered when; fine

§ 4916. Verdict of guilty, restitution ordered when; fine
When the jury finds the person against whom the complaint is made guilty of such forcible entry or detainer, the district judge shall enter up judgment for the complainant to have restitution of the premises, and impose such fine, not exceeding $10.00, as he or she thinks just. The judge shall tax costs for the complainant, and may commit the person against whom the judgment is rendered until the fine and costs are paid, and shall also award his or her writ of restitution. (Amended 1973, No. 249 (Adj. Sess.), § 34, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4917. Costs; verdict guilty

§ 4917. Costs; verdict guilty
In his or her writ of restitution, the district judge may order the costs taxed to be levied. (Amended 1973, No. 249 (Adj. Sess.), § 35, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4918. Costs; verdict not guilty

§ 4918. Costs; verdict not guilty
When the jury finds that the person complained against is not guilty, the district judge shall tax costs against the complainant, and issue execution accordingly. Costs shall not be taxed against such complainant when the party complained against does not appear at the trial. (Amended 1973, No. 249 (Adj. Sess.), § 36, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4919. Proceedings when respondent cannot be found

§ 4919. Proceedings when respondent cannot be found
When the sheriff or his or her deputy cannot find the party against whom the warrant is issued, six business days before the time appointed for returning the same, he or she may leave a true and attested copy thereof at the usual place of abode of such person. If, at the return of the warrant, he or she cannot find or apprehend the person against whom it issued, he or she shall make a return of such fact of the time he or she so left a copy. If the party complained against does not appear at the time appointed for trial, a district judge, in his or her discretion, may adjourn or proceed with the case, but shall not impose a fine at such hearing. (Amended 1973, No. 249 (Adj. Sess.), § 37, eff. April 9, 1974; 2017, No. 11, § 21.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4920. Trespass for treble damages

§ 4920. Trespass for treble damages
The complainant in an action for forcible entry and detainer, who recovers against the person complained of, may recover treble damages, with costs of suit, by an action for trespass against the offender.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4921. Entry or detainer without force—complaint; trial; writ of restitution

§ 4921. Entry or detainer without force—complaint; trial; writ of restitution
When a person wrongfully and without force obtains or continues in possession of lands or tenements, and does not quit such possession after demand made in writing for the delivery of the possession thereof by the person entitled to such possession or his or her agent or attorney, upon complaint thereof in writing to a district judge, the judge shall hear and determine the same as in cases of forcible entry and detainer, and issue a writ of restitution accordingly. (Amended 1973, No. 249 (Adj. Sess.), § 38, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4923. Action of trespass to recover damages

§ 4923. Action of trespass to recover damages
The complainant who recovers against the person complained of in an action of entry and detainer commenced under the provisions of section 4921 of this title may recover treble damages from the time of notice given to quit the premises. Up to the time of such notice, actual damages only are recoverable in an action for trespass against the offender.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4924. Exceptions

§ 4924. Exceptions
Section 4921 of this title shall not apply where a person, with or without force, holds over lands or tenements after the determination of the time for which the same were leased or demised, by a written lease or agreement accepted by the tenant or to a person holding under the lessee.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 171 - Entry or Detainer › § 4926. Limitation of action

§ 4926. Limitation of action
An action shall not be maintained under this chapter against a person who has continued in possession three years after the determination of the time for which the premises are demised or let to him or her or those under whom he or she claims, or against a person who for three years has had continuous, uninterrupted, and peaceable possession of lands, tenements, or other possessions.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4931. Definitions

§ 4931. Definitions
As used in this chapter:
(1) “Agricultural activity” includes the growing, raising, and production of horticultural and silvicultural crops, grapes, berries, trees, fruit, poultry, livestock, grain, hay, and dairy products.
(2) “Dwelling house” means a residential structure or mobile home which contains one to four family housing units, or individual units of condominiums or cooperatives, other than a time-share in a unit, each of which is used or intended to be used as a residence. For the purposes of this subdivision, “time-share” means a time-share estate as defined by 32 V.S.A. § 3619(a).
(3) “Farmland” means land devoted primarily to commercial agricultural activities.
(4) “Value” means market value less all reasonable expenses that would be incurred in selling the property. Market value for purposes of this section may be determined based on evidence of market value deemed by the court to be reasonably reliable, which may include grand list valuation and the common level of appraisal used in the town where the property is located, if the court finds such evidence to be reasonably reliable. (Added 2011, No. 102 (Adj. Sess.), § 1; amended 2013, No. 102 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4932. Venue; joinder of parties; recording

§ 4932. Venue; joinder of parties; recording
(a) Actions to foreclose a mortgage under subchapter 2 or 3 of this chapter shall be brought in the Civil Division of the Superior Court for the county where the land lies, or, if the land described in the mortgage lies in more than one county, then in one of the counties in which the land lies.
(b) The plaintiff shall file a copy of the complaint in the town clerk’s office in each town where the mortgaged property is located. The clerk of the town shall minute on the margin of the record of the mortgage that a copy of foreclosure proceedings on the mortgage is filed. The filing shall be sufficient notice of the pendency of the action to all persons who acquire any interest or lien on the mortgaged premises between the dates of filing the copy of foreclosure and the recording of the final judgment in the proceedings. Without further notice or service, those persons shall be bound by the judgment entered in the cause and be foreclosed from all rights or equity in the premises as completely as though they had been parties in the original action.
(c) If the mortgaged property is subject to a residential rental agreement, as defined in 9 V.S.A. § 4451:
(1) The plaintiff shall join as a party defendant any person occupying the mortgaged property pursuant to a residential rental agreement as of the date the copy of the complaint is recorded in the land records. Service of the complaint on the tenant shall be sufficient if mailed to the tenant by first class mail at the address specified in the rental agreement, if the agreement is recorded, or to the “occupant” at the address of the leased premises if the agreement is not recorded.
(2) The summons and complaint served on any person occupying the premises pursuant to a residential rental agreement shall contain the following notice, written in at least 14-point type:
THE PROPERTY IN WHICH YOU LIVE IS BEING FORECLOSED UPON. YOU ARE NAMED AS A DEFENDANT IN THE FORECLOSURE BECAUSE YOUR RIGHT TO REMAIN ON THE PREMISES MAY END WHEN THE FORECLOSURE IS COMPLETED. YOU MUST NOTIFY THE COURT OF YOUR NAME AND ADDRESS IN ORDER TO BE KEPT INFORMED OF THE STATUS OF THE FORECLOSURE.
(3) Upon receipt of the complaint, the owner of the mortgaged property shall notify each tenant who enters into a residential rental agreement that the premises are the subject of a pending foreclosure action and that, in the event the owner is unable to redeem the premises, the tenant may be required to vacate the premises upon 30 days’ notice, or upon such other notice as is required by federal law, whichever is longer. The failure of the owner to provide notice under this subsection shall not affect or invalidate the foreclosure action.
(d) All proceedings shall be before the Superior judge alone, and trial shall be without jury. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4934. Supplemental judgment joining parties; recording

§ 4934. Supplemental judgment joining parties; recording
At any time, without further notice or service on the purchaser or mortgagor or lienholder whose interest in the property being foreclosed first arose after the filing of the complaint in the town clerk’s office, and upon filing certified copies of the deed, mortgage, or attachment with the clerk of the court by the plaintiff in the foreclosure action, any Superior judge may sign a supplemental judgment specifically naming that party. Reference to the deed, mortgage, or lien and the supplemental judgment may be filed in the town clerk’s office for record, and it shall have the same force and effect as though that person had been made a party defendant in the original action. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4935. Taxes paid by mortgagee

§ 4935. Taxes paid by mortgagee
A tax assessed upon mortgaged real estate in this State may be paid by the mortgagee or assignee of the mortgage upon such property. The amount so paid, including costs, if any, shall thereupon be added to and become a part of the debt or obligation secured by such mortgage. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4936. Foreclosure of real or personal property

§ 4936. Foreclosure of real or personal property
A mortgage or a security agreement constituting a lien on both real and personal property to secure the payment of a debt, whether evidenced by one or more instruments, may be foreclosed in an action under subchapter 2 or 3 of this chapter. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4937. Attorney’s fees

§ 4937. Attorney’s fees
When a mortgage contains an agreement on the part of the mortgagor to pay the mortgagee, in the event of foreclosure, the attorney’s fees incident thereto, and claim is made therefor in the complaint, upon hearing, the court in which the complaint is brought shall allow such fee as in its judgment is just. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4945. Judicial sale foreclosure

§ 4945. Judicial sale foreclosure
(a) All liens and mortgages affecting real property may, on the written motion of any party to any suit for foreclosure of such liens or mortgages, or at the discretion of the court before which the foreclosure proceedings are pending, be foreclosed by a judicial foreclosure sale, even if the mortgage does not contain a sale provision instead of a strict foreclosure.
(b) In an action for foreclosure, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, a decree may be entered providing for such period of redemption as the court may determine, and providing for a sale of the mortgaged premises at the conclusion of such period if the premises are not redeemed, and for the time, manner, and notice of sale, if required, and the application of the proceeds therefrom. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4947. Foreclosure of equity of redemption; recording

§ 4947. Foreclosure of equity of redemption; recording
(a) In an action for foreclosure under this subchapter where the time of redemption has expired, the party obtaining the foreclosure shall cause a certified copy of the judgment and the certificate of nonredemption to be recorded in the office where by law a deed of the lands is required to be recorded.
(b) If the plaintiff complies with subsection (a) of this section, the expiration of the right of redemption under the decree shall foreclose the interest of subsequent purchasers, mortgagees, or attaching creditors whose interest in the property being foreclosed first arose after the filing of the complaint for foreclosure in the land records as provided in section 4932 of this chapter. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4949. Mortgagor’s redemption prior to judicial sale

§ 4949. Mortgagor’s redemption prior to judicial sale
(a) The mortgagor is entitled to redeem the premises at any time prior to the public sale by paying the full amount due under the judgment order and such other amounts, including costs and expenses of sale, accruing postjudgment as agreed upon by the mortgagor and mortgagee or ordered by the court.
(b) Upon agreement of the parties, the mortgagor may redeem the premises at any time prior to the public sale by paying less than the full amount due under the judgment order. In such case, the parties to the foreclosure shall, with court approval, amend the redemption amount. Upon payment of the amended redemption amount, the court shall issue a Supervening Certificate of Redemption as evidence that the judgment amount was redeemed. Upon the recording of a certified copy of the Supervening Certificate of Redemption in the land records, the foreclosed mortgage shall be of no further force or effect and any junior lienholder shall return to the position it held prior to the filing of the foreclosure.
(c) The redemption right established by this section shall be in addition to the redemption right set forth in the decree. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4951. Judgment vacated

§ 4951. Judgment vacated
Notwithstanding any provision to the contrary in this chapter or other law, the mortgagor and mortgagee may stipulate and move to vacate the judgment at any time prior to the public sale. If the court approves the motion, the judgment shall be vacated and all parties, the property, and any lienholders of record in the land records will be restored to their original positions as if no foreclosure had been commenced and no judgment entered. Notwithstanding any other provision of law, this section will apply retroactively and apply to orders to vacate in existence on July 1, 2012. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4952. Sale procedures

§ 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:
(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__ .
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4953. Conduct and location of sale

§ 4953. Conduct and location of sale
(a) Location. The sale shall be held at the mortgaged property unless another place for sale is directed by the court. At the sale, the mortgaged property shall be sold to the highest bidder in conformance with the terms of sale set forth in the notice of sale.
(b) Adjournments. The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Notice of the new sale date shall also be sent by first class mail, postage prepaid, to the mortgagor at the mortgagor’s last known address at least five days before the new sale date. The public sale may be adjourned for a period of time in excess of 30 days by agreement of the mortgagor and mortgagee or by order of the court.
(c) Permitted bidders. Any person may bid at the sale. All bidders, except for the mortgagee plaintiff or designee, shall meet the requirements set forth in the notice of sale in order to bid at the sale. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4954. Procedure following sale

§ 4954. Procedure following sale
(a) Confirmation order. Following the sale, the plaintiff shall file with the court a report on oath of the sale, together with a request for confirmation of the sale, which shall include an accounting of the sale proceeds, and a proposed order confirming the sale. Copies of the report of the sale and request for confirmation shall be mailed by first class mail, postage prepaid, to all parties who appeared in the foreclosure action or to their attorneys of record and to the mortgagor at the mortgagor’s last known address. The court may issue an order of confirmation of the sale without hearing, unless the court in its discretion determines that a hearing is necessary. The order of the court confirming the sale shall be conclusive evidence as against all persons that the foreclosure and sale were conducted in accordance with this section.
(b) Transfer of title. The confirmation order shall be recorded in the land records of the town where the mortgaged property is located and shall transfer title to the mortgaged property to the purchaser upon recording.
(c) Disbursement of proceeds. In the event that the proceeds of the sale, after first deducting the reasonable expenses incurred in making the sale, exceed the amounts due to the plaintiff at the time of sale, the confirmation order shall provide for the payment of the surplus to other lienholders of record in the order of the priority of their liens. In the event that the proceeds of the sale exceed the amount due to the plaintiff and the amount due to the other defendants, the excess shall be paid to the defendant mortgagor.
(d) Deficiency. The plaintiff may request a deficiency judgment in the foreclosure complaint. The court may assess a judgment against the mortgagor for the deficiency if the proceeds of sale are insufficient to meet the expenses incurred in making the sale and the amount due to the plaintiff. If the plaintiff seeks a deficiency judgment, it shall be requested prior to issuance of the confirmation order. Failure to request a deficiency judgment shall be deemed a waiver of any deficiency judgment against a mortgagor.
(e) Failure of sale; resale. In the event that the purchaser fails to pay the balance of the purchase price according to the terms of the sale, then, upon the request of the plaintiff, the down payment shall be forfeited and the court shall issue an order vacating the confirmation order. Upon motion and after hearing, the court may issue a confirmation order to the second highest bidder. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4961. Power of nonjudicial sale

§ 4961. Power of nonjudicial sale
Whether or not a power of sale is contained in a mortgage relating to any property, except for farmland or a dwelling house owned by a natural person, instead of a suit and decree of foreclosure, the mortgagee may, upon breach of mortgage condition, foreclose upon the property without first commencing a foreclosure action or obtaining a foreclosure decree by complying with the terms of this subchapter. No sale under and by virtue of a nonjudicial power of sale shall be valid and effectual to foreclose the mortgage unless the conditions of this subchapter are complied with. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4962. Notice of intention to foreclose

§ 4962. Notice of intention to foreclose
(a) At least 30 days prior to service of a notice of sale pursuant to subsection 4952(c) of this title, notice of intention to foreclose in a writing complying with this section shall be sent to the mortgagor by registered or certified mail at his or her last known address.
(b) The writing required by this section shall state, in a manner calculated to make the mortgagor aware of the situation:
(1) the mortgage to be foreclosed;
(2) the mortgage condition claimed to have been breached;
(3) that the mortgagee has accelerated maturity of the debt secured by the mortgage, if that is the case;
(4) the amount to be paid or other action necessary to cure, and the time within which the cure must take place, which shall be not less than 30 days after the date of the notice of intention to foreclose;
(5) the intention of the mortgagee to foreclose by exercising the power of sale contained in the mortgage, if the breach of the mortgage condition is not cured within the time and in the manner specified in the notice; and
(6) that the mortgagor will be entitled to be sent notice of the foreclosure sale at least 60 days prior to the sale and to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.
(c)(1) The following notice of intent to foreclose form may be used and may be altered as circumstances require:
(2) This subsection shall not be construed to prevent the use of other forms except that all notices shall comply with the provisions of subsection (b) of this section. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4963. Publication of notice of sale

§ 4963. Publication of notice of sale
Notice of a sale conducted pursuant to this subchapter 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 not less than 21 days before the day of sale. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4964. Recording

§ 4964. Recording
The mortgagee shall record the notice of sale in the land records of the town or city where the land lies not less than 60 days prior to the sale. The filing of the notice of the sale shall be in lieu of filing a foreclosure complaint under section 4932 of this title and shall be sufficient notice of the pendency of the nonjudicial foreclosure by power of sale to all persons who acquire any interest or lien in the mortgaged property between the dates of recording the notice of sale and recording the foreclosure deed. Without further notice or service, those persons shall be bound by the power of sale and the foreclosure deed and shall be foreclosed from all rights or equity in the mortgaged property. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4966. Conduct and location of sale

§ 4966. Conduct and location of sale
(a) The sale shall be held at the mortgaged property except that it may be held elsewhere if agreed to in writing by the mortgagor and the mortgagee not less than 60 days nor more than 90 days before the sale. At the sale, the mortgaged property shall be sold to the highest bidder in conformance with the terms of sale set forth in the foreclosure notice.
(b) The mortgagor shall be entitled to redeem the mortgaged property at any time prior to the sale by paying to the mortgagee the full amount due under the mortgage, including the costs and expenses of the sale.
(c) The public sale may be adjourned one or more times for a total time not exceeding 60 days by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Written notice of the new sale date shall also be given by first class mail, postage prepaid, to any person who received notice of the sale pursuant to section 4965 of this title.
(d) Any person may bid at the sale. All bidders, except for the mortgagee plaintiff or designee, shall meet the requirements set forth in the notice of sale in order to bid at the sale.
(e) In the event that the proceeds of sale, after first deducting the reasonable expenses incurred in making the sale, exceed the amounts due to the mortgagee at the time of sale, the surplus shall be paid to other lien holders of record in the order of the priority of their liens. In the event that the proceeds of sale exceed the amount due to the mortgagee and the amounts due to the other lien holders, the excess shall be paid to the mortgagor. The mortgagee or person conducting the sale may interplead any sale proceeds in excess of the indebtedness and expenses secured by the mortgage in the event there are any liens of record against the real estate.
(f) This section shall not preclude the mortgagee from maintaining a subsequent action against the mortgagor for any deficiency.
(g) 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. A waiver of notice authorized or validated under this section shall be recorded in the land records in the town or city where the property is located. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4967. Recording following sale

§ 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.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4968. Transfer of title

§ 4968. Transfer of title
Title to the foreclosed mortgaged property under this section shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the mortgaged property shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4969. Failure of sale; resale

§ 4969. Failure of sale; resale
If the purchaser does not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 172 - Foreclosure of Mortgages › § 4970. Form and effect of foreclosure deed

§ 4970. Form and effect of foreclosure deed
(a) The foreclosure deed shall be in substantially the following form:
______ of ______ County, ______ State of ______ , holder of a mortgage from ____ to ____ dated ____ , recorded in ____ Book____ at Page ____ of the Town of ____ Land Records, by the power conferred by said mortgage and every other power, for ____ dollars paid, grant to ______ , (complete mailing address) ______ , of ______ Street, Town (City) of ____ , ______ County, State of ______ , the premises conveyed by said mortgage.
(Here add acknowledgment)
(b) A deed substantially in the form set forth in subsection (a) of this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenants on the part of the mortgagee, for himself or herself, that, at the time of the delivery of such deed, the mortgagee was duly authorized to make sale of the mortgaged property; that in all of the mortgagee’s proceedings in the sale thereof, the mortgagee has complied with the requirements of this subchapter; and that the mortgagee will warrant and defend the same to the grantee, heirs, successors, and assigns against the lawful claims of all persons claiming by, from, or under him or her. (Added 2011, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4981. Grant defined; acts of incorporation

§ 4981. Grant defined; acts of incorporation
The word “grant” as used in this chapter shall mean grants or charters of lands lying in this State, made by the king of Great Britain, or by this State or any other government; acts of the General Assembly granting to individuals rights or privileges not common to all the citizens of the State; and acts of incorporation for any purpose.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4985. Mode of process; venue

§ 4985. Mode of process; venue
The mode of process shall be by summons and complaint and the action shall be held in the Superior Court of the county in which the land lies, if it is a grant of land. If it is an act of incorporation, the action shall be held in the county in which any part of the business of the corporation is done, or, by the terms of the act, should be done. (Amended 1971, No. 185 (Adj. Sess.), § 144, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4986. Prosecution of complaint

§ 4986. Prosecution of complaint
The complaint shall be prosecuted in the name of the State by the State’s Attorney of the county in which the action is pending. (Amended 1971, No. 185 (Adj. Sess.), § 145, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4988. Prosecution by State’s Attorney

§ 4988. Prosecution by State’s Attorney
On the application of 20 or more freeholders of the county, the State’s Attorney shall commence and prosecute the action against a corporation, if, in his or her opinion, the grant of the corporation is forfeited, and the public good requires that it should be adjudged forfeited. (Amended 1971, No. 185 (Adj. Sess.), § 146, eff. March 29, 1972.)