§ 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__ .
Structure Vermont Statutes
Chapter 172 - Foreclosure of Mortgages
§ 4932. Venue; joinder of parties; recording
§ 4934. Supplemental judgment joining parties; recording
§ 4935. Taxes paid by mortgagee
§ 4936. Foreclosure of real or personal property
§ 4938. Effect on bankruptcy proceedings
§ 4941. Decree foreclosing equity of redemption; writ of possession
§ 4945. Judicial sale foreclosure
§ 4947. Foreclosure of equity of redemption; recording
§ 4948. Reinstatement of mortgage prior to sale
§ 4949. Mortgagor’s redemption prior to judicial sale
§ 4953. Conduct and location of sale
§ 4954. Procedure following sale
§ 4961. Power of nonjudicial sale
§ 4962. Notice of intention to foreclose
§ 4963. Publication of notice of sale
§ 4966. Conduct and location of sale
§ 4967. Recording following sale