12 USC § 3761 - Foreclosure costs

---
identifier: "/us/usc/t12/s3761"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 3761 - Foreclosure costs"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "3761"
section_name: "Foreclosure costs"
chapter_number: 38
chapter_name: "SINGLE FAMILY MORTGAGE FORECLOSURE"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)"
---


# § 3761. Foreclosure costs

The following foreclosure costs shall be paid from the sale proceeds before satisfaction of any other claim to such sale proceeds:

**(1)** **Advertising and postage** Necessary advertising costs and postage incurred in giving notice pursuant to sections 3758 and 3760 of this title.

**(2)** **Mileage** section 1821 of title 28

Mileage (determined by the most reasonable road distance) for posting notices and for the foreclosure commissioner’s or auctioneer’s attendance at the sale, as provided in .

**(3)** **Title and lien search** Reasonable and necessary costs incurred in connection with any search of title and lien records.

**(4)** **Recordation fees** Costs incurred to record documents.

**(5)** **Commission** A commission for the foreclosure commissioner (if the foreclosure commissioner is not an employee of the United States) for the conduct of the foreclosure, to the extent such a commission is authorized by the Secretary.

---

**Source Credit**: (Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

## Editorial Notes

### Codification

Section is based on section 812 of title VIII of S. 2281, One Hundred Third Congress, as reported , which was enacted into law by .