21-48 FORECLOSURE OF REAL PROPERTY MORTGAGE BY ADVERTISEMENT
FORECLOSURE OF REAL PROPERTY MORTGAGE BY ADVERTISEMENT
Foreclosure by advertisement available if mortgage contains power of sale.
Recording of mortgage and assignments required before foreclosure.
Default required before foreclosure.
Foreclosure not permitted after action at law to recover debt unless execution
Mortgage for installments deemed separate mortgage for each installment--Effect of
redemption by installments.
Publication of notice of foreclosure--Contents of notice.
Written notice of foreclosure sale required--Time--Parties.
Validation of prior foreclosures by receivers and personal representatives--Rights
barred by no action.
Continuation of foreclosure proceedings despite changes in county boundaries or
Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.
Time and place of sale--Officer making sale.
Postponement of sale--Notice.
Sale by parcels--Sale terminated when sufficient amount raised.
Purchase by mortgagee at sale.
Proof of value required for deficiency judgment after purchase by mortgagee--Other
purchasers unaffected--Negotiability of instruments protected.
Costs, disbursements and attorney fees allowed from proceeds of sale.
Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien
holders of deposit of surplus.
Investment of surplus proceeds deposited with clerk.
Cancellation or endorsement of evidence of debt on application of proceeds of sale.
Certificate of sale given to purchaser--Contents--Execution and recording.
Prior certificates validated despite delay in recording--Rights barred by no action.
Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops
planted before issuance of deed.
Validation of prior proceedings on which deed issued--Time allowed for protection
of existing rights.
Prior foreclosure sales validated despite defects--Rights barred by no action.
Record of foreclosure sale--Affidavits and certificate recorded--Notation by register
Affidavits recorded to show compliance with federal acts.
Interest vested in purchaser by recording of instruments.
Validation of sales prior to January 1, 1982--Pending proceedings.