Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
52 lines
2.7 KiB
Markdown
52 lines
2.7 KiB
Markdown
---
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type: "LegalText"
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title: "12 U.S.C. § 3754"
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description: "Designation of foreclosure commissioner"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 12
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title_name: "BANKS AND BANKING"
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chapter_number: "38A"
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chapter_name: "SINGLE FAMILY MORTGAGE FORECLOSURE"
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section: "3754"
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citation: "12 U.S.C. § 3754"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip"
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source_identifier: "/us/usc/t12/s3754"
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source_file: "data/legal/raw/us/code/title-12/usc12.xml"
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source_hash: "b11a3a94455835756c6b1b5691334f28052c0f269a84834f6b24a3238ef728ab"
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raw_snapshot_hash: "e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa"
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text_hash: "94d667832ef19533d04897ab4921c39c651106b6d74f4c5fe3e9e5b10e5af618"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 12 U.S.C. § 3754 - Designation of foreclosure commissioner
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## Text
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(a) In general 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.
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(b) Power of sale A foreclosure commissioner designated under this section shall have a nonjudicial power of sale.
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(c) Qualifications 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.
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(d) Designation procedure (1) Written designation 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.
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(2) Substitute commissioners The Secretary may, with or without cause, designate a substitute foreclosure commissioner to replace a previously designated foreclosure commissioner.
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(3) Number More than 1 foreclosure commissioner may be designated at any time.
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(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)
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## Notes
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Editorial Notes
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Codification Section is based on section 805 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.
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