Massachusetts homeowners’ efforts to stop foreclosure sales gained valuable boost from the recent Massachusetts Attorney General’s request that lenders and loan servicers suspend foreclosures in light of recent disclosures of widespread abuse among financial institutions. Widespread publicity in the media regarding financial institution misconduct provides ammunition for homeowners who want to stop a foreclosure sale by filing a complaint and motion for preliminary injunction in court.
Because Massachusetts is a “non-judicial” foreclosure state, the foreclosure process proceeds extremely fast (often in as little as 90 days) and essentially without judicial oversight unless the homeowner files legal action in court. to stop the foreclosure process. This can be done by filing a complaint and a motion for a preliminary injunction. Examples of Massachusetts foreclosure defense forms, including complaints and preliminary motions for court order, are available for download.
The announcements from the Attorney General’s Office, along with the considerable protections offered by the Massachusetts Consumer Protection Act, provide powerful ammunition to stop a Massachusetts foreclosure sale. A Massachusetts homeowner trying to stop a foreclosure sale can present a number of powerful arguments and causes of action, including:
- Fraud / duress as a result of false statements made to the owner by the initial lender at the time of the loan;
- Illegality of the underlying loan due to its excruciatingly high costs that were deceptively withheld or concealed at the time of the loan;
- If the loan servicer does not provide the foreclosure notices required by Massachusetts law; Y
- Lack of footnamely, the financial institution does not own the initial grade and / or cannot produce a complete chain of assignments).
Complaints to stop foreclosure and motions for preliminary injunctions must be filed in the Superior Court of the county in which the property is located.
