Judicial Foreclosure Complaints

Produced by Massachusetts Law Reform Institute
Created July 2013

In Massachusetts, usually the bank * does not have to get permission from a judge to foreclose. Usually they hold an auction. At the auction, they sell your property to the highest bidder. The bidder becomes the new owner.

Sometimes the bank does not auction your property. They ask a judge to give them ownership of your property this is “judicial foreclosure.” If you get a complaint, call the law firm on the complaint and ask if the complaint is for judicial foreclosure.

If the law firm says the complaint is for judicial foreclosure, you have 20 days to answer the complaint.

If the law firms says the complaint is only a Servicemembers Civil Relief Act, see Servicemembers Civil Relief Act.

Endnotes

* When we use the word 'bank' we mean your lender. This could be a mortgage company a trust or even a person.

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