Legal Question in Real Estate Law in Massachusetts

When a bank has foreclosed on a property and the bank�s lawyers have set a date for an auction, does the printing of the notice of auction 3 times in the newspaper suffice as notice to the owner (and tenants if they exist) or do the bank�s lawyers have to send a letter to owner and tenants as well?


Asked on 10/13/10, 7:45 pm

1 Answer from Attorneys

Warren Wood Law Offices of Warren Wood

The printing of the notice of auction 3 times in the newspaper will suffice as notice to the owner (and tenants if they exist). However, the mere prospect of foreclosure does not necessarily mean that all hope is lost to the mortgee/defaulting property owner. This is particularly true if they are willing to fight the foreclosure to save their home.

Almost dailey lawyers who represent consumers are challenging both judicial foreclosures (those brought in the courts) and non-judicial foresclosures (those not brought in court but under a "power of sale" clause in the mortgage itself.

If the foreclosing bank does not actually own the mortgage and can not produce the signed mortgage document (upon legal demand by the borrower or his/her attorney), or if their are technical legal violations of the TILA or RESPA documents, or if the loan is a "preditory loan, the borrower/defaulting debtor may find a wide range of legal relief in the hands of a skilled attorney willing to challange the bank, loan servicers, MERS, and others in court.

This Law Office assists consumers in foreclosure in carefully examining available legal options where foreclosure seems certain. Initial consultations are always free.

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Answered on 10/18/10, 8:22 pm


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