If you have received a foreclosure notice, you probably have a ton of questions about your options to avoid foreclosure. Under Massachusetts law, you have a range of options to keep from losing your home to foreclosure. But, are you unsure which foreclosure option is best considering your circumstances? You’re not alone, that’s the main concern, and USAttorneys.com has answers to some of the pressing questions you may have if your home goes into foreclosure.
Consult with a Foreclosure Lawyer
A foreclosure can have far-reaching consequences, so homeowners should consult with a foreclosure attorney familiar with foreclosure law in Massachusetts. You can find an experienced and dedicated attorney near you in Boston, Worcester or another area of the state by clicking one of the links above.
Some alternatives to foreclosure include:
Massachusetts Foreclosure Laws
Most foreclosures in Massachusetts are handled through the nonjudicial process, which means foreclosure proceedings are resolved outside the court system. In addition to the remedies for foreclosure listed above, there Massachusetts has alternatives to foreclosure that apply in specific incidents. USAttorneys.com suggests you consult with a foreclosure lawyer in Massachusetts to discuss what foreclosure alternative is right for you and increases your chances of getting a fair settlement.
Foreclosure Alternatives if You Live in Massachusetts:
Notice of default and right to cure- Under Mass. Gen. Laws Ch. 244, § 35A, the defaulted borrower is given 150 days to cure the default, meaning they must pay all the mortgage payments they missed and bring their loan current. A lender has the option to shorten the right to cure period to 90 days if they can show they tried to negotiate with a borrower and agree on an alternative to foreclosure.
Special Foreclosure Protections in Massachusetts
If you took out a high-cost loan, you have special protections under state law. To be eligible, your loan has to meet certain criteria such as interest rates that exceed a certain amount. Borrowers can rescind a loan if a lender violates the state’s high-cost loan law and use their rescission as a foreclosure defense. The law forbids lenders from charging prepayment fees and prevents them from increasing interest rates after default (Mass. Gen. Laws Ch. 183C §§ 18, 15).
Reinstating your mortgage- A borrower may have their mortgage reinstate if the pay any missed payments, fees and other costs. A borrow is allowed 150 days to “cure” their defaulted mortgage.
The right of redemption- Under Massachusetts law, a borrower can repurchase or redeem their home after foreclosure as long as it was not a judicial foreclosure.
Learn Your Rights
Your rights are important, and you need to make certain they are protected. When you retain one of our foreclosure attorneys in Massachusetts, they stand up for you and take whatever steps are necessary to keep you from losing your home. Call and arrange a case evaluation today. It’s the first step to saving your home.