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FinancingForeclosure_process_judicial_and_nonjudicialEASY

Under Massachusetts law, which of the following best describes the primary method of foreclosure used in the state?

Correct Answer

D) Non-judicial foreclosure by statutory power of sale, without requiring court involvement

Massachusetts allows both judicial and non-judicial foreclosure, but the non-judicial method — foreclosure by statutory power of sale under MGL Chapter 244 — is by far the most common method used in practice. When a mortgage contains a power of sale clause, the lender may foreclose without court involvement by following the statutory notice and publication requirements.

Answer Options
A
Judicial foreclosure requiring a court judgment before any sale can occur
B
Deed in lieu of foreclosure, which is mandated by state statute as the first remedy
C
Strict foreclosure, where the lender automatically takes title upon default
D
Non-judicial foreclosure by statutory power of sale, without requiring court involvement

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Related Topics & Key Terms

Key Terms:

foreclosurepower_of_salenonjudicial_foreclosuremgl_chapter_244

Related Concepts

TILA is a federal law that requires lenders to disclose the true cost of credit to borrowers, including the annual percentage rate (APR), total finance charges, and loan terms. It is implemented by Regulation Z.

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

Usury is the practice of charging an interest rate that exceeds the maximum rate permitted by state law. Usury laws protect borrowers from excessive interest charges on loans.

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