Massachusetts Laws

Massachusetts foreclosures can be both judicial or non-judicial. Generally, judicial foreclosures follow the pattern of "Foreclosure by Possession". This type of foreclosure allows the lender to obtain a court order entitling them to repossess the homeowner's property and retain possession of the property until the homeowner can pay the loan off.

Most Massachusetts mortgages however, contain Powers of Sale clauses, which allow the lender to pursue a foreclosure outside of the court system in the event of a default. Most Massachusetts foreclosures proceed in this way.

Before a foreclosure sale, the lender must publish a Notice of Sale in a local newspaper once weekly for three weeks leading up to the sale date. The lender must also provide the homeowner with a Notice of Sale at least 14 days before the sale takes place.

On the day of the sale, a licensed auctioneer holds an auction at the site of the property and awards full ownership to the winning bidder, provided they make a deposit on their bid immediately and pay the balance within 30 days. After payment has been provided, they may take command of the property and occupy it in an additional 30 days. Massachusetts foreclosure procedure affords the original homeowner no right to redemption.

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