Patricia's lender completes a non-judicial foreclosure sale on her Lowell, Massachusetts condominium. After the sale, Patricia refuses to vacate the property. Under Massachusetts law, what is the proper legal process the new owner must use to remove Patricia from the property?
Correct Answer
B) The new owner must bring a summary process (eviction) action in Housing Court or District Court to obtain a judgment for possession
After a foreclosure sale in Massachusetts, if the former owner or occupant refuses to vacate, the new owner must use the summary process (eviction) procedure under MGL Chapter 239 to obtain a court judgment for possession. Self-help remedies such as changing locks or removing belongings are illegal in Massachusetts. The summary process provides a relatively expedited court procedure compared to regular civil litigation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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%.
An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.
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