Massachusetts Foreclosure Timeline and Laws

Massachusetts Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

Massachusetts foreclosures are conducted by non judicial foreclosure proceeding.  Lenders can also foreclosure by going to court and filing a judicial foreclosure proceeding. The court must issue a final judgment of foreclosure, and the process is called foreclosure by entry or action. The property is then sold at foreclosure sale conducted by the sheriff.

Notice Requirements for Foreclosure in Massachusetts

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 14 days prior to the foreclosure sale, published once a week for three weeks, with the first publication being at least twenty one days before the sale, in a newspaper of general circulation in the county where the property is located.

The notice must contain the date, time and place 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.

Massachusetts Deficiency and Anti-Deficiency Laws

The lender may not obtain a deficiency judgment.

Massachusetts Redemption Rights

Massachusetts has no post-sale statutory right of redemption.

Massachusetts Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Massachusetts Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

Massachusetts foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.