Foreclosure help in Massachusetts

[alisauskas33]

What is the name of your state? Massachusetts
our home was foreclosed on and we have been informed that we have till July 07, 2008 midnight to vacate the home or we will be locked out . The problem we are facing is that this was all done without oue knowledge. I mean we knew we were heading in this direction. we missed one payment, just one and after that they refused to take any cuz they were considered partial payments. everytime i would tell them hey i have ur money they would up the fees and tack on attorney's fees as if they didnt want us to comply with the loan.they showed up one day to auction off the house, they never sent us a letter in the mail never advertised in the paper nothing at all. at this point we had an attorney and he had talked us out of filing bankruptcy and into a court case, which i have since found out was a bad move. he told us not to worry cuz they hadnt notified us of the auction by any legal means so, it wasnt a legal auction. then i just recently found out that he never even filed the complaint that hehad us sign. He is no longer our attorney but unfortunately due to his neglagence we are suffering severley for it. I know that i could go after the attorney but right now, i am more concerned with our home since we have 4 kids. we were also made aware that our mortgage does not comply with massachusetts state laws and is therefore ileagal. what on earth can we do to get this stopped? Does anyone have a answer???????

[seniorjudge]

Q: Does anyone have a answer?

A: Massachusetts has a kind of judicial foreclosure under which you had all kinds of notice:

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes No 75 Days 41 Days None Court

Comments:Judicial Foreclosures only



Pre-foreclosure Period

Before any foreclosure can begin in Massachusetts, a ruling from the land court must be obtained to ensure the borrower is not subject to protection under the Soldiers’ & Sailors’ Civil Relief Act, which may postpone foreclosure action for active members of the U.S military.

Once a judgment authorizing the foreclosure is obtained from the land court, a lender may proceed with a foreclosure sale. The mortgage may require the lender to notify the borrower of any default before scheduling a sale, but Massachusetts does not require this.

Notice of Sale / Auction

The lender publishes a notice of sale in a local newspaper where the property is located. The notice appears once per week for three weeks, and the first notice occurs no less than 21 days prior to the sale date. The lender also sends a notice of sale at least 14 days before the sale to the borrowers and any other affected parties.

A licensed auctioneer conducts the sale at the property, which is sold to the winning bidder. The winning bidder must pay a deposit and deliver the remaining funds within 30 days. A foreclosure sale may be postponed by auctioneer announcement, and there is no limit to the number of allowable continuances. Within 30 days after the sale, the sale is recorded and the ownership is transferred to the winning bidder. The borrower is entitled to any surplus in the sale proceeds, but has no right of redemption after the foreclosure sale.

[jpathfynder]

Mass has no right of redemption after the forclosure sale, so you're in a big mess at this point. Basically, you like alot of other people waited too long to get involved.

Your only option is it to get an honest attorney (if such thing exists ) This can only be resolved by a judge at this point.

2 things to keep in mind:

1) Banks make mistakes all the time, and almost never admit it.
2) Just because someone is an attorney, doesn't mean they're good at their job.

Good luck with your situation