Worcester is a city in Massachusetts and seat City of Worcester County, Massachusetts; the lender may choose to foreclose through a judicial or non-judicial procedure; a judicial foreclosure requires the lender to first obtain a court judgment in their favor before they can foreclose on your property; nonetheless most foreclosures in Worcester are non judicial foreclosures and in this case the lender does not require a court judgment for him/her to foreclosure because the lender is already empowered to sell the property by the power of sale clause included in the mortgage contract; however before doing so he/she must observe the following:

Default and Right to Cure Notice

After the debtor has fallen behind in his/her payments and does not take the necessary steps to be current on the payments, the lender must issue him/her with a 150 days right to cure.

Acceleration Notice

If the borrower does not pay up the missed monthly payments, the lender should serve him/her acceleration notice showing that the entire debt they owe is due in lump sum, which is to be mailed through a certified or registered mailing service; along with a notice of intent to sue for the deficiency at least 21days before the auction date.

Service Members Civil Relief Act Complaint The lender must file this complaint with the court, indicating their intention to foreclose on you and make sure a copy gets to the hands of the debtor who has only 20 days to file a response and the only debtor’s defense here is that s/he serves in the military.

Publication of sale

The lender is to the sale the newspaper at least once a week for 3 consecutive weeks prior to the auction date indicating the type of mortgage, date of sale, the place of sale, time of sale and a description of the property(s).

Notice of Foreclosure sale

The lender must mail to the debtor this notice at least 14 days before the sale date through a certified or registered mail service.

Foreclosure sale and record of sale

The sale must take place on the date and at the venue pointed in the Notice of Foreclosure Sale with a licensed auctioneer in charge; the highest bidder wins; the parties execute the foreclosure deed; deed should be recorded at the registry of deeds.

Judicial foreclosures

If the lender opts for the judicial; s/he will have to first obtain a court judgment of foreclosure before they can have the property for sale, from there the sale is carried out by the sheriff as part of a publicly sale notice; a complaint is to be filed with the court together with a Lis Pendens (a record document showing that the home has been foreclosed).

Keep in mind; the Worcester foreclosure attorney’s options in helping you depends on how early the attorney gets involved in the foreclosure process.

If you believe that you have a defense to the foreclosure, and you want to keep your home, you will need a skilled attorney beside you. Contact a local attorney in your area to learn what your legal rights are.

Having a Springfield foreclosure attorney on your side gives you the ultimate chance to prevent it right on the track. We are licensed and authorized to operate Springfield, Massachusetts. We have been in operation for over 7years, our professionals are highly experienced, our services are diverse and as we seek to assist you resolve your current problems we also have strategies in place to help you avoid them in future and with a foreclosure in your credit records your future creditworthiness will be affected negatively therefore well help you also help you evaluate other means at your disposal that you can apply and avoid foreclosure or stop it from taking place.