{"identifier":"/us/usc/t12/s3754","title":12,"num":"\u00a7\u202f3754.","heading":"Designation of foreclosure commissioner","text":"\u00a7\u202f3754.\nDesignation of foreclosure commissioner\n(a)\nIn general\nThe Secretary may designate a person or persons to serve as a foreclosure commissioner or commissioners for the purpose of foreclosing upon a single family mortgage.\n(b)\nPower of sale\nA foreclosure commissioner designated under this section shall have a nonjudicial power of sale.\n(c)\nQualifications\nThe foreclosure commissioner, if a natural person, shall be a resident of the State in which the security property is located and, if not a natural person, the foreclosure commissioner must be duly authorized to transact business under laws of the State in which the security property is located. No person shall be designated as a foreclosure commissioner unless that person is responsible, financially sound, and competent to conduct a foreclosure.\n(d)\nDesignation procedure\n(1)\nWritten designation\nThe Secretary may designate a foreclosure commissioner by executing a written designation stating the name and business or residential address of the commissioner, except that if a person is designated in his or her capacity as an official or employee of a government or corporate entity, such person may be designated by his or her unique title or position instead of by name.\n(2)\nSubstitute commissioners\nThe Secretary may, with or without cause, designate a substitute foreclosure commissioner to replace a previously designated foreclosure commissioner.\n(3)\nNumber\nMore than 1 foreclosure commissioner may be designated at any time.","url":"https://projectusc.org/usc/t12/s3754.html","content":[{"t":"sec","id":"/us/usc/t12/s3754","children":[{"t":"num","text":"\u00a7\u202f3754."},{"t":"heading","text":"Designation of foreclosure commissioner"},{"t":"subsec","id":"/us/usc/t12/s3754/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary may designate a person or persons to serve as a foreclosure commissioner or commissioners for the purpose of foreclosing upon a single family mortgage.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s3754/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Power of sale"},{"t":"content","children":[{"t":"p","text":"A foreclosure commissioner designated under this section shall have a nonjudicial power of sale.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s3754/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Qualifications"},{"t":"content","children":[{"t":"p","text":"The foreclosure commissioner, if a natural person, shall be a resident of the State in which the security property is located and, if not a natural person, the foreclosure commissioner must be duly authorized to transact business under laws of the State in which the security property is located. No person shall be designated as a foreclosure commissioner unless that person is responsible, financially sound, and competent to conduct a foreclosure.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s3754/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Designation procedure"},{"t":"para","id":"/us/usc/t12/s3754/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Written designation"},{"t":"content","children":[{"t":"p","text":"The Secretary may designate a foreclosure commissioner by executing a written designation stating the name and business or residential address of the commissioner, except that if a person is designated in his or her capacity as an official or employee of a government or corporate entity, such person may be designated by his or her unique title or position instead of by name.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3754/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Substitute commissioners"},{"t":"content","children":[{"t":"p","text":"The Secretary may, with or without cause, designate a substitute foreclosure commissioner to replace a previously designated foreclosure commissioner.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3754/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Number"},{"t":"content","children":[{"t":"p","text":"More than 1 foreclosure commissioner may be designated at any time.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}