Foreclosure costs — Us Code Code § 3761

Us Code Code § 3761 — Foreclosure costs. Reproduced from the official United States Code, with a citation summary, verification link, and related provisions.

§ 3761. Foreclosure costs

The following foreclosure costs shall be paid from the sale proceeds before satisfaction of any other claim to such sale proceeds:

(1) Advertising and postage

Necessary advertising costs and postage incurred in giving notice pursuant to sections 3758 and 3760 of this title.

(2) Mileage

Mileage (determined by the most reasonable road distance) for posting notices and for the foreclosure commissioner's or auctioneer's attendance at the sale, as provided in section 1821 of title 28.

(3) Title and lien search

Reasonable and necessary costs incurred in connection with any search of title and lien records.

(4) Recordation fees

Costs incurred to record documents.

(5) Commission

A commission for the foreclosure commissioner (if the foreclosure commissioner is not an employee of the United States) for the conduct of the foreclosure, to the extent such a commission is authorized by the Secretary.

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)


Editorial Notes

Codification

Section is based on section 812 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.

About This Section

12 U.S.C. § 3761 is part of Title 12 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 12 U.S.C. § 3761. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

How to Read This Statute

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Sources

Source: official Us Code text · Last verified 2026-08-27

At a glance

Verify the text

Statute text is transcribed from the official United States Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Us Code attorney.

Common questions

What is the source of United States Code § 3761?

The text above is transcribed from the United States Code, the codified statutes of Us Code. The official publisher link appears under "Verify the text" on this page.

What subject does United States Code § 3761 address?

It addresses "Foreclosure costs". Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is United States Code § 3761 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Us Code source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Us Code law to your facts requires a licensed Us Code attorney who can review the specifics.