Foreclosure & Alternatives Law
How Can a Lender Foreclose on a Property in Massachusetts?
A Massachusetts lender must look to the mortgage agreement to determine how to foreclose on a Massachusetts property. If the mortgage agreement contains a power of sale clause then the lender may pursue a non judicial foreclosure by providing the required notice to the borrower and to the public of the intended foreclosure sale. After the notice has been provided, the lender may conduct the sale in accordance with the terms set by state law.
If the mortgage agreement does not contain a power of sale clause then a Massachusetts lender must obtain a court order to foreclose on the property.