Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Massachusetts Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
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How to fill out Complaint Or Petition By Purchaser Against Possessor Of Real Property After A Foreclosure Sale Pursuant To A Deed Of Trust?
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FAQ
The law now requires that lenders send a 150-day right-to-cure notice rather than a 90-day notice in any case where the property sought to be foreclosed is the borrower's principal residence and is collateral for a residential loan.
Once you've handed your keys back your lender will sell the property on your behalf. If any money is made from the sale you'll get this back, but as the property will usually be sold at auction it may not make the best price.
Can I sell my house with mortgage arrears? Yes you can, and sometimes that's the best option if there's no other way to pay what you owe. However, you do need to consider if this would be the best option for you.
In a deed-in-lieu of foreclosure, the lender agrees to take back the property. Both a short sale and deed-in-lieu of foreclosure may result in you still owing money to the lender or can have serious tax consequences.
Foreclosure is a legal process that allows lenders to recover the amount owed on a defaulted loan by taking ownership of and selling the mortgaged property.
How to Stop a Foreclosure in Massachusetts Paying Off the Owed Debt. The obvious way of stopping a foreclosure is simply to pay off the owed debt on the mortgage loan. ... Loan Modification. ... Bankruptcy.
Once your lender has the court order, they could ask you to leave the property quite quickly. You'll usually be given about 2 weeks from the date of the court order. Your lender can't sell the property with you in it, so they might ask the court for a warrant to make sure you leave.
Not repaying the outstanding balance by the end of your mortgage term could lead to the repossession of your home and may adversely affect your credit file.
