Massachusetts Post-Foreclosure Eviction Timeline

30 May Massachusetts Post-Foreclosure Eviction Timeline

Earlier I posted about how long a foreclosure takes in Massachusetts. Eviction does not automatically follow. You may still have some time before being evicted, even though your ownership rights have already ended.

It usually takes up to one month before the successful buyer at the auction actually takes ownership. It may be shorter, especially if the mortgage lender was the successful bidder and no additional financing is required. It may be longer, if the buyer cannot obtain financing and the property needs to be sold to the next highest bidder or even at another auction.

After closing on the purchase after the auction, the new owner must deliver a Notice to Quit before seeking an eviction order from the Housing Court. Three weeks or more later, a hearing is held in the Housing Court where a 48 hour eviction order might issue, or a more delayed order might issue if the judge is particularly sympathetic to your needs. A rescheduled hearing is even possible.

Unfortunately, a bankruptcy filing will not delay an eviction.

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L. Jed Berliner practices exclusively in consumer bankruptcy, foreclosure defense, and related consumer protection litigation such as credit card defenses and suing debt collectors. He established his Springfield, MA practice in 1988. Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.

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