Massachusetts Foreclosure Attorney
In Massachusetts and Rhode Island, the overwhelming majority of foreclosures
are non-judicial conducted pursuant to a statutory power of sale contained
in the mortgage. Foreclosure under the statutory power of sale in Massachusetts
does not require any court approval except for a determination under the
Service members Civil Relief Act ("SCRA") that the borrower
is not currently in military service. Rhode Island, on the other hand,
while similarly mandating adherence to the SCRA, does not require the
imprimatur of the court prior to the commencement of the foreclosure process.
In recent years, mortgage foreclosure laws in Massachusetts and Rhode Island
have undergone significant changes, almost all of which were directed
to protect the borrower and subject the lender to greater scrutiny and
potential liability. Highly technical procedures exist which must be strictly
adhered to by the lender's counsel. It is therefore absolutely essential
for the lender to have experienced counsel who is meticulously prepared
and fully up-to-speed on the latest changes in the law. One misstep in
the foreclosure process could prove to be fatal to conveying good and
marketable title to the subject property, and in most instances, will
necessitate repeating the foreclosure.
Foreclosure and Bankruptcy:
It is also fairly common in today's economic climate to encounter a
bankruptcy filing along the way. Unless the debtor has already received
a "discharge," the existence of an open bankruptcy case will
compel the filing of a motion for relief from the automatic stay in the
United States Bankruptcy Court. The bankruptcy case may also require the
lender to contest the legitimacy of the filing itself and / or to a mount
a challenge to the debtor's plan in a Chapter 13 case. Like foreclosure
law, bankruptcy law is substantially procedural in nature where mistakes
can prove to be disastrous.
Despite the lender's best efforts to ensure that there is a solid equity
position in the mortgaged property at the time of the loan's origination,
many foreclosures ultimately result in a so-called "deficiency."
While pursuing the borrower for the deficiency is sometimes prohibited
(due to a previous bankruptcy discharge) or futile (due to the inevitability
of the debtor filing for bankruptcy if pressed), there are indeed occasions
whereby the lender will sue the borrower for the deficiency.
There is little doubt that it makes both common and fiscal sense to have
the same attorney handling the foreclosure, the bankruptcy, and the post-foreclosure
debt collection issues. Unlike many attorneys who hand off to junior associates
or refer out certain aspects of the foreclosure process, Attorney Baker
himself handles all phases of the case personally. This provides a huge
advantage and benefit to the lender on a variety of different levels.
Having an attorney who wraps all three skill sets into one is indeed rare
in this day and age. The lender can rest assured that certain issues that
may and often do arise in the foreclosure process will be overseen with
the utmost skill and professionalism.
David M. Baker, Esq.-
your Massachusetts and Rhode Island Foreclosure Law Attorney!
schedule your case evaluation? Simply
call our firm today.