Boston is the capital city of Massachusetts and the seat city of Suffolk County, Massachusetts and foreclosure in Boston can either be judicial or non judicial foreclosure but most of them are non-judicial foreclosure and are both provided for in Chapter 244 of the General Laws of Massachusetts.

The court must issue a final judgment of foreclosure before the creditor can confiscate the property, the sale is usually conducted by the sheriff as part of a publicly sale notice; a complaint is to be filed with the court along with a Lis Pendens (a document recording showing that the home has been foreclosed).

This type of foreclosure in Boston does not require the lender to acquire a court judgment before foreclosing on the property because he/she is empowered to do so by the power of sale clause that the borrower had signed when buying the home. However, the lender still needs to pay attention to the following:

Default and Right to Cure Notice in Boston

After the debtor has fallen behind in his/her payments, and does not take the necessary steps to be current on the payments, the lender must issue him/her with a 150 days right to cure.

Acceleration Notice in Boston

If the borrower does not pay up the missed monthly payments, the lender should serve him/her acceleration notice showing that the entire debt they owe is due in lump sum, which is to be mailed through a certified or registered mailing service; along with a notice of intent to sue for the deficiency at least 21 days before the auction date.

Service Members Civil Relief Act Complaint

The lender must file this complaint with the court, indicating their intention to foreclose on you and make sure a copy gets to the hands of the debtor who has only 20 days to file a response and the only debtor’s defense here is that s/he serves in the military.

Publication of sale

The lender is to the sale the newspaper at least once a week for 3 consecutive weeks prior to the auction date indicating the type of mortgage, date of sale, the place of sale, time of sale and a description of the property(s).

Notice of Foreclosure sale in Boston

The lender must mail to the debtor this notice at least 14days before the sale date through a certified or registered mail service.

Foreclosure sale and record of sale in Boston

The sale must take place on the date and at the venue pointed in the Notice of Foreclosure Sale with a licensed auctioneer in charge; the highest bidder wins; the parties execute the foreclosure deed; deed should be recorded at the registry of deeds.

If you, a family member, or loved one is facing Boston foreclosure, behind on mortgage payments, or have received demand letters from an attorney, time is of the essence and it is important to act quickly in order to preserve and protect your home from foreclosure.

Our team of experienced Boston foreclosure attorneys and support staff have helped hundreds of people prevent foreclosure in Massachusetts. We are licensed and authorized to operate Boston, Massachusetts, we have been in operation for over 10 years and we are reputable, our professionals are highly experienced, our services are diverse and we do not only seek to resolve your problems current but also seek help you avoid going through them in the future, and due to the negative impact courtesy of the foreclosure we also take pride in helping you identify other alternatives with less effect as compared to a foreclosure.