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Maria defaults on her mortgage loan secured by her Springfield, Massachusetts home. Her mortgage document contains a standard power of sale clause. The lender wishes to foreclose as quickly as possible. Which of the following actions must the lender take FIRST under Massachusetts law before conducting a foreclosure sale?

Correct Answer

C) Send written notice of the default and the right to cure to the borrower under MGL Chapter 244, Section 35A

Under MGL Chapter 244, Section 35A, before a lender may foreclose on a residential mortgage in Massachusetts, the lender must send the borrower a written notice of default that includes the right to cure the default within 150 days. This right-to-cure notice is a mandatory pre-foreclosure step that must occur before the lender can proceed with publication or sale.

Answer Options
A
File a complaint in Superior Court and obtain a judgment of foreclosure
B
Send written notice of the foreclosure sale to the borrower at least 14 days before the sale
C
Send written notice of the default and the right to cure to the borrower under MGL Chapter 244, Section 35A
D
Record a notice of default at the Registry of Deeds in the county where the property is located

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Related Topics & Key Terms

Key Terms:

foreclosureright_to_curemgl_chapter_244_section_35apre_foreclosure_notice

Related Concepts

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.

A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.

An adjustable-rate mortgage (ARM) has an interest rate that changes periodically based on market conditions, typically after an initial fixed-rate period. The rate adjustment is tied to a financial index plus a margin.

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