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Massachusetts foreclosure

The Massachusetts foreclosure process allows for both judicial and non-judicial foreclosures to occur. The judicial foreclosure process uses the court to carry out the foreclosure; the non-judicial foreclosure process doesn't use the court.

The judicial foreclosure process used in Massachusetts works in this fashion: the lender

  1. gets a court order,

  2. enters the property peaceably,

  3. and finally, gets proper consent of the buyer.

If the security instrument (deed of trust or mortgage) contains a power of sale clause, then the non-judicial foreclosure process is followed. The power of sale clause is a clause in the security instrument that says what will happen in the case that you, the borrower, default on any of the conditions mentioned.

In cases where the power of sale clause contains the time, place and terms of the sale, then those are followed. If the power of sale clause is silent on these issues, then the following rules are follows:

  1. A notice of the sale must be recorded at the county courthouse.

  2. A notice of this sale must be published once a week for 3 consecutive weeks before the sale in a newspaper in the county.

  3. At least 14 days before the sale, you must be sent a copy of this notice.

    4. The sale must be at a public auction and on the date and time mentioned in the notice.

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