Homeowners who have gone through a foreclosure often ask me what happens after a foreclosure sale. More specifically, these homeowners often ask if they need to leave their home right away after a foreclosure auction sale. The answer is no. more »
The Supreme Judicial Court issued an important ruling last weekend extending the “paragraph 22 defense” to other homeowners facing foreclosure. In Federal National Mortgage Association v. Marroquin, the Court extended the benefit of the prior Pinti v. Emigrant Mortgage decision to those homeowners more »
A 72 hour notice to quit is a unique type of notice that is generally used for post-foreclosure eviction (“summary process”) cases. Receipt of one of these notices is a sign that an eviction case following a foreclosure sale will begin more »
A common inquiry about foreclosures in Massachusetts is regarding a foreclosure judgment. What does a bank get from a homeowner after it forecloses? In judicial foreclosure states, where a bank needs to go to court to foreclose, a foreclosure judgement is more »
I had the honor of arguing before the Massachusetts Supreme Judicial Court (“SJC”) this week on a foreclosure appeal. The SJC is Massachusetts’s highest court and the final decision maker on Massachusetts law. The SJC often takes cases where the more »
Once foreclosure begins, can it be stopped? In Massachusetts, the answer is “yes.” The start of the foreclosure process in Massachusetts begins with a series of notices sent to the homeowner, informing them of the foreclosure sale date. These notices more »
A recent Massachusetts Supreme Judicial Court decision illustrates the importance of properly appealing a foreclosure case. The Court’s decision reaffirms that a homeowner has one–and only one–opportunity to appeal an unfavorable court decision. In Eresian v. Merill Lynch Credit Corporation, the more »
Struggling homeowners in Massachusetts often start a consultation with me with a simple question: is my home in foreclosure? Those not familiar with Massachusetts law might laugh at this question, believing that the service of a foreclosure lawsuit easily answers more »
Homeowners facing foreclosure often ask a common question: can I sell my home before foreclosure? As with all legal questions, the answer depends. A lender brings a foreclosure to recoup the money owned on the underlining mortgage loan. Paying off more »
One of the most common questions I get from homeowners facing foreclosure is, how long does a foreclosure take? The quick answer is: a while. Compared to other states that have expedited the foreclosure process, foreclosures in Massachusetts generally take a long more »
