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FinancingForeclosure_process_judicial_and_nonjudicialMEDIUM

A Massachusetts lender is considering whether to pursue judicial foreclosure or non-judicial foreclosure by power of sale on a defaulted residential mortgage. Which of the following is an accurate statement about judicial foreclosure in Massachusetts?

Correct Answer

D) Judicial foreclosure requires filing a court action and is generally slower than power of sale foreclosure

Massachusetts permits both judicial and non-judicial (power of sale) foreclosure. Judicial foreclosure requires the lender to file a lawsuit in court, obtain a judgment, and have the property sold under court supervision. This process is legally available but is significantly slower and more expensive than the power of sale process, which is why it is rarely used in practice.

Answer Options
A
Judicial foreclosure is prohibited in Massachusetts; only power of sale foreclosure is legally permitted
B
Judicial foreclosure automatically grants the borrower a one-year right of redemption after the sale
C
Judicial foreclosure is required when the property value exceeds the outstanding mortgage balance
D
Judicial foreclosure requires filing a court action and is generally slower than power of sale foreclosure

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Related Topics & Key Terms

Key Terms:

judicial_foreclosurenonjudicial_foreclosurepower_of_salemgl_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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