Foreclosure Litigation in Massachusetts

What it means in Massachusetts:
Foreclosure litigation in Massachusetts typically involves a non-judicial foreclosure process, though court involvement may occur in certain circumstances.

Key points:

• Massachusetts primarily operates as a non-judicial foreclosure state.
• Most foreclosures proceed under a power of sale in the mortgage
• Court approval does not need to occur to complete most foreclosure sales

Massachusetts-specific considerations:

• Lenders must strictly adhere to statutory notice and right-to-cure requirements.
• Homeowners may challenge foreclosure through separate court actions
• Judicial foreclosure is permitted but less common
• Deficiency judgments may be pursued depending on the circumstances