{"id":6193,"date":"2020-04-29T15:13:21","date_gmt":"2020-04-29T15:13:21","guid":{"rendered":"http:\/\/massrods.com\/middlesexnorth\/?page_id=6193"},"modified":"2020-06-19T19:20:18","modified_gmt":"2020-06-19T19:20:18","slug":"foreclosure-reports","status":"publish","type":"page","link":"https:\/\/massrods.com\/middlesexnorth\/foreclosure-reports\/","title":{"rendered":"Foreclosures"},"content":{"rendered":"\n
If you are facing foreclosure . . .\u00a0<\/strong><\/em><\/p>\n List of resources<\/a> for those facing foreclosure.\u00a0<\/p>\n To research foreclosures . . .\u00a0<\/em><\/strong><\/p>\n In Massachusetts, a mortgage foreclosure is non-judicial meaning that it happens without involvement of the courts. Sometime after the foreclosure has occurred, the new owner records a foreclosure deed<\/strong>.\u00a0<\/p>\n However, homeowners serving on active duty in the military are granted additional rights in the foreclosure process. In Massachusetts, all residential foreclosures do begin with a judicial hearing. The sole issue before a judge is whether the home owner is in the military. Most\u00a0 are not and most cases of\u00a0 this type are dismissed. Part of this process requires a document called an order of notice<\/strong> to be recorded at the registry of deeds.\u00a0<\/p>\n To find properties that are facing foreclosure, go to the “recorded date search” section of our website<\/a>, enter a date range, select ORDER OF NOTICE for the document type, and click “search.” All orders of notice recorded between those dates will be returned. To find foreclosures that have already taken place, select FORECLOSURE DEED.<\/p>\n For a detailed explanation of the <\/strong><\/em>foreclosure process [i]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 MGLA c.244, s.35A<\/p>\n [ii]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the mortgage has been insured by the FHA, the mortgagee or the servicer working on behalf of the mortgagee is obligated to follow a number of discrete steps in an effort to avoid foreclosure, as detailed in \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 HUD\u2019s guidebook. A deviation from the prescribed process can be grounds for legal action which can nullify a foreclosure.<\/p>\n [iii]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The procedure for complying with SCRA varies from state to state. In New Hampshire, for instance, the lender records an affidavit certifying that no one with an interest in the property is serving on active duty in\u00a0 \u00a0 \u00a0the military.<\/p>\n [iv]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 MGLA c.244, ss.35B & 35C<\/p>\n [v]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 MGLA c.244, s.17B<\/p>\n [vi]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 U.S. Bank N.A. v Ibanez<\/em>, 458 Mass. 637 (2011)<\/p>\n [vii]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 There are many reasons why the lender may purchase the property. The lender owes the borrower a fiduciary duty to obtain a fair price for the property. The lender may also have internal accounting reasons for purchasing the property at a particular price. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\n [viii]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In some states, the borrower\u2019s liability is limited to the proceeds from the auction sale of the house.<\/p>\n \u00a0<\/p>\n","protected":false},"excerpt":{"rendered":" If you are facing foreclosure . . .\u00a0 List of resources for those facing foreclosure.\u00a0 To research foreclosures . . .\u00a0 In Massachusetts, a mortgage foreclosure is non-judicial meaning that it happens without involvement of the courts. Sometime after the foreclosure has occurred, the new owner records a foreclosure deed.\u00a0 However, homeowners serving on active… Continue Reading Foreclosures<\/span><\/a><\/p>\n","protected":false},"author":25,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/massrods.com\/middlesexnorth\/wp-json\/wp\/v2\/pages\/6193"}],"collection":[{"href":"https:\/\/massrods.com\/middlesexnorth\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/massrods.com\/middlesexnorth\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/massrods.com\/middlesexnorth\/wp-json\/wp\/v2\/users\/25"}],"replies":[{"embeddable":true,"href":"https:\/\/massrods.com\/middlesexnorth\/wp-json\/wp\/v2\/comments?post=6193"}],"version-history":[{"count":0,"href":"https:\/\/massrods.com\/middlesexnorth\/wp-json\/wp\/v2\/pages\/6193\/revisions"}],"wp:attachment":[{"href":"https:\/\/massrods.com\/middlesexnorth\/wp-json\/wp\/v2\/media?parent=6193"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
in Massachusetts . . .\u00a0<\/strong><\/em><\/p>\nThe Foreclosure Process in Massachusetts<\/h3>\n
By Richard P. Howe Jr.
Register of Deeds, Middlesex North District
November 24, 2017<\/h4>\n\n