§ 18-50-104 — Prerequisites for foreclosure sale - Contents of notice of sale - Persons to receive notice

(a) The trustee or mortgagee may not sell the trust property unless: (1) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the information required by subsection (b) of this section; (2) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell; and (3) (A) (i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by: (a) The beneficiary or mortgagee; or (b) A government agency if the beneficiary or mortgagee participates in the government agency's program. (ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale. (B) The duties of the beneficiary or mortgagee under subdivision (a)(3)(A) of this section are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact. (b) The mortgagee's or trustee's notice of default and intention to sell shall set forth: (1) The names of the parties to the mortgage or deed of trust; (2) A legal description of the trust property and, if applicable, the street address of the property; (3) The book and page numbers where the mortgage or deed of trust is recorded or the recorder's document number; (4) The default for which foreclosure is made; (5) The mortgagee's or trustee's intention to sell the trust property to satisfy the obligation, including in conspicuous type a warning as follows: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION"; (6) The time, date, and place of sale; and (7) The name, address, and telephone number of the party initiating foreclosure. (c) The mortgagee's or trustee's notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail, postage prepaid, and by first-class mail, postage prepaid, to the address last known to the mortgagee or the trustee or beneficiary of the following persons: (1) The mortgagor, grantor, and obligor of the deed of trust; (2) Any successor in interest to the mortgagor or grantor whose interest appears of record or whose interest the mortgagee or the trustee or beneficiary has actual notice; (3) Any person having a lien or interest subsequent to the interest of the mortgagee or trustee when that lien or interest appears of record or when the mortgagee, the trustee, or the beneficiary has actual notice of the lien or interest; and (4) Any person requesting notice, as provided in § 18-50-113 . (d) The disability, incapacity, or death of any person to whom notice must be given under this section shall not delay or impair in any way the mortgagee's or trustee's right to proceed with a sale, provided that the notice has been given in the manner required by this section to the guardian or conservator or to the administrator or executor, as the case may be.

Legislative History

Acts 1987, No. 53, § 4; 1999, No. 983, § 4; 2011, No. 885, § 3.