§ 18-50-104 - Contents of notice -- Persons to receive notice.
18-50-104. Contents of notice -- Persons to receive notice.
(a) The mortgagee's or trustee's notice of default and intention to sell shall set forth:
(1) The names of the parties to the mortgage or deed of trust;
(2) A legal description of the trust property and, if applicable, the street address of the property;
(3) The book and page numbers where the mortgage or deed of trust is recorded or the recorder's document number;
(4) The default for which foreclosure is made;
(5) The mortgagee's or trustee's intention to sell the trust property to satisfy the obligation, including in conspicuous type a warning as follows: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION"; and
(6) The time, date, and place of sale.
(b) The mortgagee's or trustee's notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail, postage prepaid and by first class mail, postage prepaid, to the address last known to the mortgagee or the trustee or beneficiary of the following persons:
(1) The mortgagor or grantor of the deed of trust;
(2) Any successor in interest to the mortgagor or grantor whose interest appears of record or whose interest the mortgagee or the trustee or beneficiary has actual notice;
(3) Any person having a lien or interest subsequent to the interest of the mortgagee or trustee when that lien or interest appears of record or when the mortgagee, the trustee, or the beneficiary has actual notice of the lien or interest; and
(4) Any person requesting notice, as provided in 18-50-113.
(c) The disability, incapacity, or death of any person to whom notice must be given under this section shall not delay or impair in any way the mortgagee's or trustee's right to proceed with a sale, provided that the notice has been given in the manner required by this section to the guardian or conservator or to the administrator or executor, as the case may be.