Massachusetts Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage
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How to fill out Notice Of Intention To Foreclose And Of Liability For Deficiency After Foreclosure Of Mortgage?
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FAQ
The obsolete mortgage statute is designed to help remove old mortgages from land titles. It sets a term of 35 years from the mortgage recording date if the mortgage has no term or maturity date, or five years from the end of any stated term or maturity date.
Does Massachusetts Law Allow for a Redemption Period After a Foreclosure? No, after a foreclosure is complete the buyer has no right of redemption. However, it is important to note that in Massachusetts a lender can foreclose upon a property by getting a court order and taking possession of the property.
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.
Under Massachusetts Law, a homeowner is given 150 days to bring the loan current, however if the borrower fails to respond to the foreclosing entity, this time frame can be reduced to 90 days.
Lenders must first send a notice of a foreclosure to the homeowner. The notice must be sent at least 14 days prior to the foreclosure sale date. A foreclosure sale will take place at the date, time, and place specified in the foreclosure notice. The foreclosure sale will be conducted by a licensed auctioneer.
The Act establishes a three-year statute of limitations period to bring a challenge to a foreclosure. To timely bring a challenge, a person entitled to notice of sale (those parties listed in M.G.L. c.