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Massachusetts Foreclosure Laws

Judicial Yes
Non-Judicial No
Process Period 75 Days
Sale Publication 41 Days
Redemption Period None
Sale / NTS Court

Judicial Foreclosure: In Massachusetts before any foreclosure can begin a ruling of the land must be obtained to ensure that the borrower is not protected under the Soldiers and Sailors Civil Relief Act, which would postpone any action for an active member in the U.S. Military. If the judgment is authorized the lender may continue with a foreclosure sale. The mortgage may require the lender to notify the borrower before the sale takes place.

Non-Judicial Foreclosure: In the state of Massachusetts out of court procedures are not used.

Sale: A notice of sale is published in the local newspaper, and the notice must appear once a week for three weeks with the first notice appearing no less then 21 days prior to the sale date. The lender must also send a notice to all parties involved including the borrower. The sale is conducted by and auctioneer, and the property is sold to the highest bidder. The winning bidder must pay a deposit and pay the remaining amount within 30 days of the sale date. Following the last payment if the 30-day period the deed is transferred over to the winning bidder. The borrower is entitled to any surplus in the sale proceeds, but cannot redeem the property after the sale.

Additional Information on Massachusetts Foreclosure