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Looking for info in RE: the very beginning of MA foreclosure process

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nrobi

Junior Member
What is the name of your state? Massachusetts

Hi,

I've had my nose in the Mass General Laws trying to dig this info up as well as online but am having a difficult time finding anything. The MGL states that the lender must advertise the property in a newspaper a minimum of 21 days before the sale for 3 weeks. Looking through stacks of papers in the library there is a notice that is posted 4-22 days before the first notice of sale. I'm having a difficult time finding information regarding this legal. I have even searched the online and bound MGL's looking for the form but could not find anything.

This very first legal ad has a date on it when this complaint was filed by the lender and sometimes this is WEEKS before this ad appears in the paper. The person I spoke with at the registry of deeds told me that the that legal is filed at the same time in the courthouse as it is with them and advertised in the paper.

I cannot find anything anywhere which states that. I'm basically trying to determine when this information is first available to the public: the date it is placed in the paper or the date 1-3 WEEKS before in the notice.

Thanks, -NRobi

It's form in the beginning (if this helps) is:

Commonwealth of Massachusetts
Land Court
Department of Trail Court
Case No. 06 MISC 332###
 


LindaP777

Senior Member
The MGL states that the lender must advertise the property in a newspaper a minimum of 21 days before the sale for 3 weeks. Looking through stacks of papers in the library there is a notice that is posted 4-22 days before the first notice of sale.
If the law in your state is 21 days/3 weeks that is what is required. I don't know how they would get around that.

I'm having a difficult time finding information regarding this legal. I have even searched the online and bound MGL's looking for the form but could not find anything.
I'm confused . . . did you find that or not?

I'm basically trying to determine when this information is first available to the public: the date it is placed in the paper or the date 1-3 WEEKS before in the notice.
Les Pendis (sp?) is the first time it's would be available in any kind of public notice.
 

nrobi

Junior Member
Thanks Linda

What I'm refering to is the Masssachusetts's equivalent of Lis Pendens. I dont believe it is called that in MA. (Thanks for refreshing my memory :) ) I can't find any info on it which is frustrating. In the local paper today there is one lis pendens notice. The hearing (or whatever happened in the courthouse) occured on 12/28/2006 according to the notice.

What I'm trying to find out is whether this information is public as of 12/28-29/2006 (just after the hearing) or today (the day the lis pendens is published in the paper).

-Nrobi

PS: I found something that may help me out in MGL 184-15 but I'm not sure yet. It'll take me a little while to digest it
 

lcannister

Senior Member
I have a tough time getting your point. Has this already happened and you are upset it was done prematurely or are you upset it is upcoming and the friends and neighbors will see it in the newspaper?
 

nrobi

Junior Member
I have a tough time getting your point. Has this already happened and you are upset it was done prematurely or are you upset it is upcoming and the friends and neighbors will see it in the newspaper?
I'm one of the late night victims of Carlton Sheets... which has progressed into many seminars over the years regarding real estate and other topics. The latest being preforeclosures. The key to the "pre" part is to find people a decent amount of time before the sale and before their credit is marred. What I'm trying to figure out is how soon the knowledge is public. The more time the better.
 

LindaP777

Senior Member
I'm one of the late night victims of Carlton Sheets... which has progressed into many seminars over the years regarding real estate and other topics.
Did you take the "Real Profits" seminar? That was a good one! They did speak about the Lis Pendens quite a bit. BTW - I wouldn't call us "victims". Victims rarely become millionaires . . .
 

seniorjudge

Senior Member
I'm one of the late night victims of Carlton Sheets... which has progressed into many seminars over the years regarding real estate and other topics. The latest being preforeclosures. The key to the "pre" part is to find people a decent amount of time before the sale and before their credit is marred. What I'm trying to figure out is how soon the knowledge is public. The more time the better.
You could drive around the neighborhood and ask folks if they were behind on their house payments.
 

lcannister

Senior Member
I'm one of the late night victims of Carlton Sheets... which has progressed into many seminars over the years regarding real estate and other topics. The latest being preforeclosures. The key to the "pre" part is to find people a decent amount of time before the sale and before their credit is marred. What I'm trying to figure out is how soon the knowledge is public. The more time the better.
You needs lots of "ins" to get the info you seek and most "in folks" have the markets tied down in their area.

and before their credit is marred
Hmmm, what does THEIR credit have to do with you?

Victims rarely become millionaires . . .
And millionaires rarely find the needto advertise it!
 

nrobi

Junior Member
Did you take the "Real Profits" seminar? That was a good one! They did speak about the Lis Pendens quite a bit. BTW - I wouldn't call us "victims". Victims rarely become millionaires . . .
As far as "victim" goes, I didn't mean to group us all together. I went the opposite way of most people. I dont work 9-5. I just follow my "crazy" ideas, as my friends tell me, which I hear too often. So I'm a victim of my crazy ideas :). When one of them works.... they wont be crazy :).

I haven't done "Real Profits" yet, Linda. I've been to T. Harv Eker's seminars, Russ Whitney's Cash Flow Generator's Think Big conference, the Learning Annex, bought What the Bleep do we Know (Extended Version), The Secret, Tony Robbins The Edge, Carlton Sheets :), Joe Vitale's Hypnotic Selling Secrets and a few more things regarding FOREX, real estate, personal development and online businesses. All good stuff. I'm going to have to look into Real Profits

I bought a course from Donna Bauer at the Learning Annex about notes and short sales.

Hmmm, what does THEIR credit have to do with you?
The angle the course teaches is that people want to save their credit. So they won't have a foreclosure or bankruptcy(if they decide to pursue that route to avoid the former) on their credit report. Goes along with one of the two great motivators: avoiding pain/getting pleasure. If I catch them early I'm the vehicle to take to avoid bankruptcy/foreclosure.

You needs lots of "ins" to get the info you seek and most "in folks" have the markets tied down in their area.
Honestly I think I need to get off my keester and drive down to the courthouse and ask some questions. And I think persistence will get me a deal :). I've just been a little busy setting up my first online store. Plus there are 3 county courthouses around me (a lot of driving :) )

-Robione
 

lcannister

Senior Member
The angle the course teaches is that people want to save their credit. So they won't have a foreclosure or bankruptcy(if they decide to pursue that route to avoid the former) on their credit report. Goes along with one of the two great motivators: avoiding pain/getting pleasure. If I catch them early I'm the vehicle to take to avoid bankruptcy/foreclosure.

Usually people who are right at foreclosure's door have credit that sucks anyway because they do not pay other bills any better than their mortgage. Plus just the fact that they are into foreclosure means a string of late/no pays and that too brings the credit scores down dramatically.

There in lies the REALITY those course angles do not teach you because it sounds easier to assume that people do not want their credit ruined than for one to think hell, it's already taken a full shot.

You want to learn how to get into this world of realestate? Find someone locally who is in the biz and see if they will share their successes and how to go about making money and LOSING money. It is not all wins. Then start slow and do not rush the next buy JUST because you have the fever. Find a good local Atty to help you manage the contracts and legal end. Try and find lenders/real estate agents etc. and become VERY good friends with them. Start at your local bank and get to know someone from that dept. very well.

Sometimes good old common sense and a few connections will get you further than any of these courses will. How do you think ole Carlton makes his real money? RIGHT, selling his crock of crap!
 

LindaP777

Senior Member
Good advice, for the most part, lcannister. Just a correction about Carleton Sheets. He was a multimillionaire in real estate way before he started selling his "how to" videos. And, when you consider the cost of producing the videos (from production to air time) it's not as profitable as you would think. Carleton's real is interested in helping people learn how to get ahead. (Although I know you won't believe me.)
Nrobi, see if there is a REIA (real estate investor's association) in your area. Go to their meetings, hang out and see how the big boys do it.
 

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