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In Massachusetts, the bank does not have to go to court to foreclose on your house. The bank, or mortgage holder, can hold an auction to foreclose on your home. The bank announces that it is selling your house on a certain date. The bank can sell your home to the person who offers the most money.
Statute of Limitations Period. The Act establishes a three-year statute of limitations period to bring a challenge to a foreclosure. In addition to restating the mortgagee affidavit requirements of M.G.L.
The bank is allowed to bid at the auction. The bank often wins the property. The buyer usually has thirty days to pay the full amount that they bid, and sign the paperwork. Once all the paperwork is signed, the bank signs the deed and gives it to the new owner.
To cure, you will need to make all your missed payments to the lender before the cure period ends. If you can't cure, you can use this period to apply for a loan modification. You may also receive a Right to Request a Modified Mortgage Loan notice.
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.
The lender - the ?mortgagee? must give you a Right to Cure Notice once every 3 years. Usually this notice says that you have 150 days to pay your missed payments or the bank can begin to foreclose.
When Can a Massachusetts Foreclosure Start? Under federal law, the servicer usually can't officially begin a foreclosure until you're more than 120 days past due on payments, subject to a couple of exceptions.