For many homeowners, buying a house is an important life goal, and accomplishing it is something to celebrate. But if you miss your mortgage payments, your home could be taken away, leaving you with nothing to show for your investment.
Here’s what to know about the foreclosure process, how to prevent foreclosures, and how a Massachusetts bankruptcy attorney can help.
A Look at the Foreclosure Process
Did you know? Property and real estate data aggregator ATTOM reported that in 2025, Massachusetts ranked 33rd in foreclosures, which means one out of every 5,383 people lose their homes.
Tough times can fall on anyone, especially as the economy fluctuates. While making a couple of late payments here and there throughout the life of your mortgage is unlikely to result in foreclosure, too many missed payments in a row could put you at risk of losing your home.
Step 1: Right to Cure Notice
According to Bankrate, the foreclosure process typically starts after you miss four consecutive payments or are 120 days delinquent on your mortgage. However, a Right to Cure notice is sent after 90 days of missed payments.
This gives you 90 more days to bring your mortgage current. You can also explore other options during this time, like a short sale or a loan modification. Lenders are required by state law to consider these before proceeding with a foreclosure.
If your loan is modified, you will generally have 150 additional days to bring your mortgage current.
Step 2: Servicemembers Civil Relief Act
The second step in a Massachusetts foreclosure is when your lender petitions the court to proceed with the foreclosure under the Servicemembers Civil Relief Act. If you are an active duty member of the military, you are given 20 days to file a response. Typically, courts will suspend foreclosure proceedings if you are.
If you are not an active duty military member, you don’t need to file a response, and the foreclosure will proceed.
Step 3: Notice of Sale
Next, your lender must notify you of the upcoming sale of your property. This includes publishing a notice of sale in your local newspaper for three consecutive weeks before selling your home. Additionally, your lender must send you a notice of sale informing you of the date they plan to sell your property at least 14 days prior.
Step 4: Auction
If your home goes to auction, it will be sold to the highest bidder. Auctions usually take place outside, and no one is allowed to enter the house.
Step 5: Eviction
If a new owner assumes your property, you do not need to move out right away. They must evict you according to state eviction laws.
Preventing Foreclosure in Massachusetts
As you can see, there are many steps that must take place before you are actually forced to move out of your house. This gives you ample time to make things right with your lender so you can keep your home.
Here are some tips to help you prevent a foreclosure:
● Work with your lender. Many homeowners are scared to talk to their lenders when their mortgages are late. However, most banks and other mortgage providers would rather iron out a workaround than actually go through the entire foreclosure process. If your payments are late, give them a call to learn about your options.
● Never ignore mail or phone calls from your lender. These could be important notices like the Right to Cure or Notice of Sale.
● Consider loan modification. Modifying your loan could extend your repayment period or lower your interest rates, giving you financial relief and making it easier to continue paying your mortgage.
● Consider bankruptcy. Filing for bankruptcy in Massachusetts issues an automatic stay, which prevents all bill collectors, including your mortgage provider, from seeking repayment. It essentially pauses the foreclosure process and gives you even more time to catch up on missed payments. It’s also ideal if you have other debt burdens.
How Common Law Associates Can Help
At Common Law Associates, we know how intimidating being faced with foreclosure is. We can help you understand your rights under Massachusetts law and take the necessary steps to protect your home from being sold out from under you.
Contact us today for a completely free, no obligation case consultation by calling (508) 775-0815. Or, fill out our online form, and we’ll get in touch with you as quickly as possible to help you take the next step.