Best Foreclosure Lawyers in Massachusetts

About Foreclosure Law in Massachusetts, United States

Foreclosure is a legal process that allows a lender to take ownership of a property when a borrower fails to make mortgage payments. In Massachusetts, foreclosure commonly happens through a "non-judicial" process, meaning lenders do not typically need to go to court to initiate foreclosure. However, borrowers are protected by specific state laws that regulate how the process is conducted, notices that must be given, and opportunities to avoid losing their homes. Understanding Massachusetts foreclosure law is essential for any homeowner, tenant, or property owner facing potential foreclosure.

Why You May Need a Lawyer

Foreclosure can be a stressful and complex ordeal. Homeowners and borrowers may need legal assistance in several situations including:

• Receiving a notice of foreclosure from your mortgage lender
• Needing clarification of your rights and responsibilities in the foreclosure process
• Defending against wrongful or illegal foreclosure actions
• Negotiating loan modifications, repayment plans, or short sales
• Seeking to stop or delay a foreclosure through bankruptcy or legal challenges
• Facing eviction after foreclosure
• Concern about potential scams or unauthorized charges related to foreclosure

Legal guidance can help you understand your options, ensure that all legal procedures are followed, and potentially save your home or minimize financial losses.

Local Laws Overview

Massachusetts foreclosure law has unique features that distinguish it from other states:

• Non-Judicial Foreclosure: Most foreclosures do not go through the court system. Lenders must follow strict statutory procedures when foreclosing on a mortgage.
• Right to Cure: Under Massachusetts law, borrowers usually have a 150-day "right to cure" period to catch up on overdue payments before foreclosure proceedings can begin. After September 2018, this period can be shortened to 90 days if the lender makes a good-faith effort to negotiate a resolution.
• Notice Requirements: Lenders must provide borrowers with several types of notice, including the right to cure and notice of intent to foreclose.
• Publication and Sale: Foreclosure sales must be publicly advertised for at least three consecutive weeks before the scheduled auction.
• No Statutory Right of Redemption: After the foreclosure sale, Massachusetts law does not provide borrowers a period to "redeem" (buy back) their property.
• Eviction Process: After foreclosure, new owners must follow legal eviction procedures to remove former homeowners or tenants.
• Deficiency Judgments: Lenders may seek a deficiency judgment if the foreclosure sale does not cover the total debt, but only if specific legal steps are followed.

Local laws can change, so consulting an attorney or legal aid organization is recommended for the most up-to-date information.

Frequently Asked Questions

What happens if I miss a mortgage payment in Massachusetts?

Missing a mortgage payment can trigger late fees and lead to the risk of foreclosure. However, Massachusetts law gives most borrowers a period to catch up on missed payments before foreclosure proceedings start. It's important to communicate with your lender and seek help early.

How does the foreclosure process begin in Massachusetts?

Foreclosure generally starts when the lender sends a notice to the borrower about the default and the right to cure the default within a specific period-usually 150 days. If the borrower does not pay the overdue amount, the lender will proceed with formal foreclosure steps.

Do I have to go to court during a foreclosure in Massachusetts?

Most residential foreclosures in Massachusetts are non-judicial, meaning they do not go through the courts. The process is handled primarily through notices, public advertisements, and a public auction.

Can I stop a foreclosure once it has started?

Yes, you may be able to stop foreclosure by paying the overdue amounts during the right to cure period, negotiating a loan modification, filing for bankruptcy, or identifying legal errors in the lender's process. Consulting an attorney can help identify your options.

How long does foreclosure take in Massachusetts?

The exact timeframe can vary, but the process cannot begin until the right to cure period (usually 150 or 90 days) finishes. After that, the formal foreclosure process can take several months, depending on the lender's actions and any legal delays.

What is the right to cure in Massachusetts?

The right to cure is the legal period when a borrower can pay overdue amounts and avoid foreclosure. Massachusetts law typically gives owners 150 days but may reduce it to 90 days if certain requirements are met.

Will I owe money after foreclosure in Massachusetts?

If the foreclosure sale does not cover your full mortgage debt, the lender may try to obtain a deficiency judgment for the remaining balance. Massachusetts law limits these actions, and an attorney can help assess your risk and options.

What happens to tenants in a foreclosed property?

Tenants are generally protected under Massachusetts law and may be entitled to stay in the property for a specified period. Federal laws may also offer additional protections for tenants after a foreclosure sale.

Can bankruptcy help prevent foreclosure?

Filing for bankruptcy can temporarily halt foreclosure through an automatic stay. Depending on the bankruptcy chapter and individual circumstances, it may be possible to reorganize debt and save the home.

How can I avoid foreclosure?

Options include negotiating with your lender for a loan modification, refinancing, pursuing a repayment plan, selling the home, or seeking help from housing counselors or legal aid organizations. Acting quickly and seeking professional guidance are important to exploring these options.

Additional Resources

If you are facing foreclosure in Massachusetts, the following resources may be helpful:

• Massachusetts Attorney General's Office - Consumer Protection and Foreclosure Prevention
• Massachusetts Division of Banks - Guidance on Foreclosure and Mortgage Assistance
• Massachusetts Legal Assistance Corporation
• U.S. Department of Housing and Urban Development (HUD) Approved Housing Counselors
• Local legal aid organizations and nonprofit housing agencies

These organizations can provide up-to-date information, counseling, and referral to legal help.

Next Steps

If you are facing the possibility of foreclosure in Massachusetts or simply have questions about your rights or options, consider taking the following actions:

• Contact your lender as soon as you are aware you may miss a payment
• Gather relevant documents, including your mortgage agreement, payment records, and any correspondence from your lender
• Consult with a qualified foreclosure attorney or legal aid agency to review your situation
• Work with approved housing counselors for additional support and information
• Take immediate action during any "right to cure" period to maximize your options

Remember that every foreclosure situation is unique. Seeking timely legal advice can make a significant difference in your ability to keep your home or minimize negative consequences.