Foreclosure in Massachusetts is typically:
Question & Answer
Review the question and all answer choices
Judicial only
Massachusetts does not allow judicial foreclosure only. The state's foreclosure laws specifically include both judicial and non-judicial options, making this option too restrictive and incorrect.
Non-judicial under power of sale or judicial
Strict foreclosure only
Strict foreclosure, where the court transfers title directly to the lender without a public sale, is not available in Massachusetts for residential mortgages. This option represents an outdated foreclosure method that was eliminated in the state.
Administrative only
Administrative foreclosure is not a recognized method in Massachusetts. Foreclosure must follow either judicial or non-judicial procedures established by state law, not purely administrative processes.
Why is this correct?
Massachusetts law explicitly permits both non-judicial foreclosure under power of sale and judicial foreclosure. This dual-system approach gives lenders flexibility in choosing the method that best suits their specific circumstances, with non-judicial being more common due to its efficiency.
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