Need to Stop epossession?
Get help from a Massachusetts repossession attorney.
Being behind on your home or auto loans is difficult enough without having to deal with repossession. Unfortunately, the two are closely linked. Lenders have the right to repossess a car or loan anytime they want after the debtor defaults (falls behind) on their payments. Most lenders wait a while and give the consumer a chance to remedy the default, but some do not. Act now if you are about to lose your home or car. Call a Massachusetts repossession lawyer!
The Law Office of Glenn F. Russell, Jr. knows your rights during the repossession process. Massachusetts has very specific repossession laws which, if not followed carefully by your lender or the "repo man," could be grounds for your defense. Our repossession lawyer could help you save your car or your home, so call us today.
Massachusetts Repossession Laws
Under Massachusetts General Laws Part III, Chapter 255 § 13J regarding repossession of a home, the law states that "In taking possession the secured creditor… may proceed without hearing only if the default is material and consists of the debtor's failure to make one or more payments as required by the agreement."
However, the law goes on to say that this can only be done "if possession can be obtained without use of force, without a breach of peace and, unless the debtor consents to an entry… without entry upon property owned by, or rented to the debtor."
Similarly, Massachusetts General Laws Part III, Chapter 225B § 20B states the exact same, but about motor vehicle repossessions instead of real estate repossessions.
How to Stop Repossession
Your lender or bank may not do any of the following when attempting to repossess your property:
- Disrupts the peace (such as starting an argument)
- Uses force (such as pushing, shoving, or threats)
- Trespasses on property that you own. For example, if a "repo man" comes to pick up your car, but it is parked in your garage, he cannot trespass on your property to access the vehicle,and therefore may not take your car away. (Note that if your home or vehicle are the property being repossessed, repossessing them is not considered trespassing, as you do not own them.)
If any of these things have occurred during the repossession of your home or car, you may have grounds to stop the repossession. You can also stop repossession by negotiating with your lender. With help from a repossession attorney, you can speak with your lender and agree upon a loan modification or a settlement that works in your favor by either allowing you to keep your home or car, or by reducing your losses.
Call The Law Office of Glenn F. Russell, Jr. today!
Our firm is prepared to fight for your rights. We will work hard to prevent your home or vehicle from being taken from you. The sooner you hire a lawyer from our firm, the sooner we can take action to stop repossession.
Call us today to discuss your situation through an initial consultation.
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Our FAQ
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Do I really need a foreclosure lawyer?Absolutely. Should you need foreclosure defense counsel, only an experienced attorney can determine which course of action is best for you. Whereas predatory scam artists try to prey on your financial vulnerability, a skilled foreclosure defense attorney genuinely can look out for the best interest of you and your family. Legal advice must be practical and efficient in order to be effective, so if you need strong legal guidance, trust that The Law Office of Glenn F. Russell, Jr. can offer the counsel needed to successfully navigate the complicated legalities of foreclosure or bankruptcy.
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Third parties are offering to help my foreclosure process. How do I know who to trust?
Perhaps one of the greatest obstacles individuals encounter during the foreclosure process is learning who to trust and who to avoid. Due to the nature of the foreclosure process, descriptions of any homes being foreclosed may be published and accessible as public information. It is a sad truth that there are fraudulent companies that prey on public lists of foreclosing homes and attempt to take advantage of a people's financial vulnerability.
You may be contacted by mortgage brokers, mortgage negotiators, or mortgage holders. You may also be contacted by a Massachusetts bankruptcy attorney or a private financier who offers to help you sort out your finances. These parties may be dependable sources of legal and helpful advice during your foreclosure.
Unfortunately, there are frauds and scam artists who will try to take your home or your money without providing any sort of service. A general word of advice we give to clients to follow is: If a deal sounds too good to be true, it probably is. Avoid scams with the help of a qualified attorney from our firm!
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What happens at a foreclosure sale?
It doesn't happen all the time, but if you have exhausted all of your legal alternatives and feel as though a foreclosure or short sale is the last resort, you need to know what to expect.
No foreclosure sale is exactly the same, but for the most part, the foreclosure sale process typically involves the following:
- Lenders must first send a notice of a foreclosure to the homeowner. The notice must be sent at least 14 days prior to the foreclosure sale date.
- A foreclosure sale will take place at the date, time, and place specified in the foreclosure notice.
- The foreclosure sale will be conducted by a licensed auctioneer. The auctioneer will read various legal notices, descriptions, and documents pertaining to the property.
- The auctioneer will take bids on the property, take deposit checks, and accept the highest bid to close the foreclosure property sale.
- Parties - including the mortgagor, the purchaser, and the auctioneer - will draft a foreclosure deed, which must be recorded and filed at the Registry of Deeds.
- A grace period - typically 30 days - will be given to allow the purchaser to line up financing.
- A closing will take place, and the new owner will formally take title to the foreclosed property.
All monies paid by the new purchaser will go toward paying real estate taxes, owed mortgages, and payments to creditors or other debts owed on the property. If no one at the foreclosure sale is able to bid a high enough amount to cover the debt of the property, then the balanced owed - called a deficiency - would then be the liability of the old owner.