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In Massachusetts, deficiency judgments after foreclosure:

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Question & Answer

Review the question and all answer choices

A

Are never allowed

Deficiency judgments are not 'never allowed' in Massachusetts. While some states prohibit them entirely, Massachusetts allows lenders to pursue borrowers for the remaining debt balance after foreclosure through proper legal channels.

B

Are available in certain circumstances through court action

Correct Answer
C

Are automatic

Deficiency judgments are not automatic in Massachusetts. They require a separate court action where the lender must demonstrate the amount of the deficiency and that proper foreclosure procedures were followed.

D

Are prohibited by law

Deficiency judgments are not prohibited by law in Massachusetts. Unlike some states that have banned deficiency judgments, Massachusetts law allows them under specific circumstances through court action.

Why is this correct?

In Massachusetts, deficiency judgments are available but require a separate court action after foreclosure. The lender must prove the amount owed and that the foreclosure sale was conducted properly, then obtain a court order for the deficiency amount.

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