FAQ: I Have Been Foreclosed. Do I Need to Leave My Home Right Away?

Question:  I have been foreclosed.  Do I need to leave my home right away?

Answer:  No.  Massachusetts is a “non-judicial foreclosure state.” This means that the lender can perform a foreclosure without going to court.  However, once the foreclosure is complete, the lender needs to obtain possession of the property, which can only be done through a formal eviction (“summary process”).  This usually begins several months after the foreclosure sale occurred.  A former homeowner can only be evicted from a property if the lender obtains an execution for possession following a successful eviction. Homeowners who have been foreclosed should seek an attorney if faced with an eviction summons; even if the homeowner does not plan to stay in the home, an attorney can help the homeowner leave the home on the best terms possible.