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Massachusetts Foreclosure Statute Laws

Judicial foreclosure and non-judicial foreclosure is available in Massachusetts. Primary service instruments are deed of trust and mortgage. The timeline for foreclosure in Massachusetts varies by process, but typically last 90 days. Right of Redemption and deficiency judgments are not allowed.

In Massachusetts, lenders may foreclose on deeds of trusts or mortgages in default using either an entry by possession or non-judicial foreclosure process.

Foreclosure by Possession:
• After the borrower defaults on the mortgage, the lender may recover possession of the property by:
• obtaining a court order;
• entering the property peaceably; and
• by proper consent of the buyer. If the lender maintains possession peaceably for three years from the date of possession, the borrower loses all rights of redemption.

Non-Judicial Foreclosure:
Power of Sale Foreclosure Guidelines & Procedures:
• A notice of sale must be recorded in the county where the property is located.

The notice must also:
• be sent, by registered mail, to the borrower at his last known address at least fourteen (14) days prior to the foreclosure sale;
• published once a week for three (3) weeks, with the first publication being at least twenty one (21) days before the sale, in a newspaper of general circulation within the county where the property is located.
• Said notice must contain the place, time and date of the foreclosure hearing, the date the mortgage was recorded, the borrower’s name, the amount of the default and the terms of the sale.
• The sale must be conducted at public auction on the date, time and place specified in the notice of sale. The property will be sold to the highest bidder.
• The borrower has no rights of redemption.

Related Information:
For foreclosure prevention in ma. Contact Boston Regional Office Thomas P. O'Neill, Jr. Federal Building10 Causeway Street, 3rd Floor Boston, MA 02222-1092Phone: (617) 994-8200

Foreclosure listings massachusetts have reached levels not seen since the great depression. Massachusetts foreclosure laws can be found at Udolegal.com. At foreclosure auctions in massachusetts The property will be sold to the highest bidder. Foreclosure Homes in massachusetts in 2008 have exceeded those of 2009. Massachusetts foreclosure notices must be recorded in the county where the property is located. Massachusetts foreclosure moratorium information can be found at http://massresources.org/pages.cfm?contentID=22&pageID=2&Subpages=yes
Foreclosures sale in massachusetts are suspect due to title issues. See Udolegal.com for more information.

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