Judgment Against Property Foreclosure In Massachusetts
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There are four major steps to collecting after a Massachusetts court judgment: Get a writ of execution. Locate the debtor's assets. Direct a deputy sheriff to seize the debtor's non-exempt assets. Have the sheriff sell off the debtor's non-exempt assets to satisfy the debt.
A lien which results from a judgment shall terminate not later than twenty years from the date it was created.
A new law banning cities and towns in Massachusetts from “equity theft” is now on the books. On Monday, Gov. Maura Healey signed the new law that stops municipalities from selling a foreclosed home and keeping more than what is owed in the former owner's equity as profit as an amendment in the fiscal 2025 budget.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
Final judgment is the last decision from a court that resolves all issues in dispute and settles the parties' rights with respect to those issues. A final judgment leaves nothing to be decided except decisions on how to enforce the judgment, whether to award costs , and whether to file an appeal .
The final judgment sets forth the costs due to the plaintiff, such as principal charges, interest, costs of the suit, and attorney fees. In addition to the assessment of costs, the final judgment will list instructions for the sale of the mortgaged property at a public auction.
Usually when foreclosing on a property the bank presents the owed amount including interest charges penalties and fees. The judge award that amount or another calculation he feels necessary. This is called the final judgement amount.
If you want to respond to the suit, an answer is the document that you file with the court and serve to the other parties in the case. Your answer tells the court your side of the story. The deadline is usually between 20 and 30 days after service, though it varies.
