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Under Massachusetts law and practice, which of the following is NOT a legally recognized method by which a lender may foreclose on a defaulted mortgage in Massachusetts?

Correct Answer

D) Automatic foreclosure by operation of law upon a borrower's missed payment without court or public notice

Massachusetts does NOT recognize automatic foreclosure by operation of law. No Massachusetts statute permits a lender to foreclose simply because a borrower misses a payment, without following required legal procedures. All Massachusetts foreclosure methods — whether judicial, power of sale, or entry — require specific procedural steps including proper notice. Automatic foreclosure without process would violate due process and Massachusetts statutory requirements under MGL Chapter 244.

Answer Options
A
Entry and possession by the lender for a continuous period to establish foreclosure by entry
B
Judicial foreclosure through a court action to obtain a foreclosure judgment
C
Non-judicial foreclosure using the statutory power of sale under MGL Chapter 244
D
Automatic foreclosure by operation of law upon a borrower's missed payment without court or public notice

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Related Topics & Key Terms

Key Terms:

foreclosure_methodspower_of_salejudicial_foreclosureforeclosure_by_entrymgl_chapter_244

Related Concepts

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

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