Massachusetts Foreclosure: do not leave your home

Possibly you know this - Massachusetts Foreclosure primarily occur as an out-of-court transaction, otherwise known as a non-judicial foreclosure. In most of the cases the whole process will transpire in less than three months from the time , which the lender initiates or schedules the foreclosure sale. As per the Boston foreclosure law only the mortgage holder on record at the Registry of Deeds for the property can initiate a foreclosure sale. And if in case this is not the case, the foreclosure sale can be reversed. As per the foreclosure law the review of the title to the mortgage with proper documentation can help in verifying the fact the lender initiating foreclosure is the mortgage holder on record. In addition to this a thorough examination of the title further reveals all existing lien holders on the property.

The Massachusetts Foreclosure Lawyer points out that in Massachusetts the lender must first obtain the special ruling from the land court prior to initiating a foreclosure sale. The ruling must be obtained to determine and verify that the borrower is not protected under the Soldiers and Sailors Civil Relief Act, currently called the Civil Relief Act.

The Federal Act grants active members of the U.S. Military the right for postponing the foreclosure action on their property if their service affected their ability in keeping up with the mortgage payments. This protection begins on the very first day of active duty and continues for at least thirty days and up to ninety days after the active service member’s discharge.

Once the lender determines that a foreclosure will be necessary, the lender publishes a notice of sale. The notice of sale must be published in a local newspaper that serves the location, specifically the town or city, where the property is located. Furthermore, the Boston Foreclosure Attorney opines that the notice must be posted once a week for three consecutive weeks.

And if the federal government holds a tax lien against the property, a notice of sale is sent at least twenty-five days before the scheduled day of sale to the Secretary of the Treasury or a delegate of that office. And at least 14days prior to the date of sale, the lender is then required to send the borrower a notice of sale.

Typically the Foreclosure Statute dictates all of the rules for notices of sale, which needs to be properly followed or the foreclosure proceedings can be reversed.

This content has been taken from: http://www.zimbio.com/Law+Cases/articles/4Gj8p6NCDRy/Massachusetts+Foreclosure+Facts+Specific+Pre?add=True