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Massachusetts

: Massachusetts Law Updates

Help for Homeowners Facing Foreclosure

By Massachusetts Trial Court Law Libraries

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Beginning May 1, 2008, homeowners facing foreclosure have 90 days to cure a default, under M.G.L. c. 244, s.35A, passed last November. According to a press release from Attorney General Martha Coakley and Governor Deval Patrick, "starting tomorrow, a foreclosing lender must provide a notice of delinquency to the borrower and then provide 90 days to cure the delinquency. Previously, homeowners were only entitled to 30 days notice, and the lender did not have to give the homeowner an opportunity to pay the arrearage, cure the default, and avoid foreclosure."

One key provision of the new law is that "a mortgagor shall not be required to pay any charge, fee, or penalty attributable to the exercise of the right to cure a default," including "attorneys' fees relating to the mortgagor's default that are incurred by the mortgagee." Keep in mind, though, that late fees and per-diem interest payments may still be required.

More information and other resources are available at Mass. Law About Foreclosure.

Full post as published by Massachusetts Law Updates on April 30, 2008 (boomark / email).