How to Stop a Foreclosure in Massachusetts - PowerPoint PPT Presentation

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How to Stop a Foreclosure in Massachusetts

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Date added: 14 June 2019
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Title: How to Stop a Foreclosure in Massachusetts


1
How to stop a foreclosure in Massachusetts
2
Types of foreclosure in Massachusetts
3
Massachusetts Foreclosure Process
  • Notice of Default and Right to Cure
  • The foreclosing bank must personally deliver or
    mail a notice to the borrower giving 90 days to
    bring the loan current (called curing the
    default). The borrower gets the right to cure
    the default once during any five-year period.
    (Mass. Gen. Laws ch. 244, 35A).
  • Notice of Intent to Foreclose and of Deficiency
    After Foreclosure of Mortgage
  • The bank has to mail the borrower a Notice of
    Intent to Foreclose and of Deficiency After
    Foreclosure in Massachusetts of Mortgage at
    least 21 days before the sale date, if it wants
    to get a deficiency judgment (see below). (Mass.
    Gen. Laws ch. 244 17B).

4
Massachusetts Foreclosure Process
  • Notice of Sale
  • The bank then publishes a notice of sale once a
    week for three weeks and mails the notice to the
    homeowner at least 14 days before the sale.
    (Mass. Gen. Laws ch. 244 14).
  • Foreclosure Sale
  • At the foreclosure sale, the property is sold to
    the highest bidder. Often, the bank buys the home
    at the foreclosure sale by making a credit bid.
  • If the bank buys the home at the sale, the
    property becomes known as REO.

5
Steps to avoid foreclosure in Massachusetts
6
Steps to avoid foreclosure in Massachusetts
  • Contact Your Lender
  • After familiarizing yourself with Massachusetts
    foreclosure law, you should give your lender a
    call to see if you are eligible for modification
    or refinancing.
  • Typically, your lender will offer refinancing if
    your mortgage is current and you have exhibited a
    stellar history of on-time payments.

7
Steps to avoid foreclosure in Massachusetts
  • Apply for Refinancing or Modification
  • When corresponding with your lender, it is
    essential to know about modification or
    refinancing. Both of these maneuvers will
    effectively lower your monthly payment amount to
    better fit your financial situation.
  • In addition to refinancing, you can apply for
    forbearance, which is a temporary suspension of
    your mortgage obligation. This maneuver is
    typically only achieved if you can definitely
    prove that you suffered a hardship that resulted
    in loss of income.

8
Steps to avoid foreclosure in Massachusetts
  • Contact State Departments
  • If your homeowner is not willing to negotiate,
    you should call the state department to help you
    out.
  • Also you must not be delayed by more than one
    month when contacting the state department.

9
Other steps to avoid foreclosure in Massachusetts
  • Engage in short sale
  • File for bankruptcy
  • For more info, visit us at consumerproponents.org

10
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