§ 479:19 — Modes

The right of the mortgagor and all persons claiming under him to redeem any mortgaged premises shall be forever barred and foreclosed by the mortgagee in the following modes:
I.
Entry Under Process. By entry into the mortgaged premises under process of law and continued actual possession thereof for one year.
II.
Entry and Publication. By peaceable entry into the mortgaged premises and continued, actual, peaceable possession thereof for the space of one year, and by publishing in some newspaper printed in the same county, if any, and otherwise in some newspaper printed in an adjoining county, 3 weeks successively, a notice stating the time at which the possession for condition broken commenced, the object of such possession, the name of the mortgagor and mortgagee, the date of the mortgage and a description of the premises, the first publication to be 6 months at least before the right to redeem would be foreclosed.
III.
Possession and Publication. By the mortgagee in possession of the mortgaged premises publishing in some newspaper printed in the same county, if any, and otherwise in some newspaper printed in an adjoining county, 3 weeks successively, a notice stating that from and after a certain day, which shall be specified in the notice and which shall not be more than 4 weeks from and after the last day of publication of the notice, such possession will be held for condition broken and for the purpose of foreclosing the right of the mortgagor and of all persons claiming under him to redeem the same, and stating the names of the mortgagor and of the mortgagee, the date of the mortgage and a description of the premises, and by retaining actual, peaceable possession of the premises for one year from and after the day specified in the notice.

Legislative History

RS 131:14. CS 137:14. 1854, 1531:1. GS 122:14. GL 136:14. PS 139:14. PL 215:17. RL 261:17.