Massachusetts is primarily an out-of-court foreclosure state. The foreclosure process can take less than three months after the lender schedules a foreclosure sale.
To quickly start the process, contact our Greater Boston area foreclosure attorney today.
Pre-foreclosure Period
Before any foreclosure can begin in Massachusetts, a ruling from the land court must be obtained to ensure the borrower is not subject to protection under the Soldiers’ & Sailors’ Civil Relief Act, which may postpone foreclosure action for active members of the U.S military.
Once a judgment authorizing the foreclosure is obtained from the land court, a lender may proceed with a foreclosure sale. The mortgage may require the lender to notify the borrower of any default before scheduling a sale, but Massachusetts does not require this.
Notice of Sale / Auction
The lender publishes a notice of sale in a local newspaper where the property is located. The notice appears once per week for three weeks, and the first notice occurs no less than 21 days prior to the sale date. The lender also sends a notice of sale at least 14 days before the sale to the borrowers and any other affected parties.
A licensed auctioneer conducts the sale at the property, which is sold to the winning bidder. The winning bidder must pay a deposit and deliver the remaining funds within 30 days. A foreclosure sale may be postponed by auctioneer announcement, and there is no limit to the number of allowable continuances. Within 30 days after the sale, the sale is recorded and the ownership is transferred to the winning bidder. The borrower is entitled to any surplus in the sale proceeds, but has no right of redemption after the foreclosure sale.
The Law Office of Alan H. Segal has conducted numerous foreclosures for institutional lenders and private mortgage holders for over 30 years. We provide prompt personalized service.
To quickly start the process, contact our Massachusetts foreclosure attorney today.
To view the Massachusetts Foreclosure Laws click here.
Serving Greater Boston and All Massachusetts:
Greater Boston real estate foreclosure lawyer, Attorney Alan Segal serves all of the Boston region in Massachusetts real estate foreclosure matters including: Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester
