Massachusetts Foreclosure Laws

Both forms of foreclosure, judicial and non-judicial are allowed in the state of Massachusetts. No deficiency judgement is allowed and there is a right of redemption allowed with the length of time to foreclose being in the neighborhood of three months.

In the case of the judicial foreclosure, if there is no power of sale clause in the loan document then the lender has to get an official court order allowing them to foreclose and take possession of the property in a peaceful manner and with the consent of the borrower. The borrower will lose his or her right of redemption in the event that the lender maintains possession of that property for three years.

When discussing the non-judicial form of foreclosure the law requires that if a power of sale, which will allow the lender to sell the property in order to satisfy the terms of the balance of the loan exists, a notice of sale has to be filed on the borrower using registered mail at least thirty days prior to date of the sale and that the notice be published weekly for three weeks in a row in a newspaper that is in general circulation in the town where the property is located. This has to occur at least 21 days before the scheduled date of the sale.

The sale also has to be conducted in the form of a public auction which will occur at the place and time that was set forth in the notice.

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