What is Foreclosure in Randolph, Massachusetts?

Learn more about LegalMatch lawyers' expertise, history, education, and fees beforehand.

  • /10
  • Client Overall
    Satisfaction Rate*
*TrustPilot score as of 010118

Find Lawyers

Foreclosure is the process through which the lender in a mortgage takes ownership and/or possession of the property that secured the original loan. This happens when a debtor in Randolph, Massachusetts has repeatedly failed to make their payments. Foreclosure typically results in the property being sold in an auction. Banks typically want to get rid of the property as soon as possible, even if it means taking a financial hit, and an auction is the easiest way to do this.

In every state, including Massachusetts, there is an option to go through foreclosure by a judicial sale, which is a procedure in which a court supervises the sale of the property, and makes sure that the proceeds first go the to the holder of the mortgage, then to anyone else who may have a lien on the property, and finally to the debtor if anything is left. In many states, original mortgages (as opposed to refinanced loans) are "non-recourse" loans, meaning that the most the lender can collect is whatever the foreclosed property sells for. The bank cannot go after the borrower for the balance, if the sale nets less than the amount due. You should consult a Lawyer in Randolph, Massachusetts to learn the details of the law here. You should also know that this rarely applies to loans which have been refinanced.

How Can I Avoid Foreclosure in Massachusetts?

Most importantly, you must not ignore the problem. Doing so will not make it go away, and will probably make it worse. You should stay in close contact with your bank, and be forthright with them. You should keep in mind that banks typically don't want to take your Randolph home. They aren't in the real estate business, and expect to make money through interest on the loan, not by selling your house. If you are up-front with them early on, they will probably make a reasonable effort to accommodate your financial system if it will keep you from defaulting.

If you believe that foreclosure is imminent, there are some other options. For example, you might be able to engage in a "short sale," which sometimes allows you to sell your house for whatever amount you can get, give the proceeds to the lender, and walk away free of your mortgage debt, even if the sale netted less than the balance of the mortgage. There is also the option of a "short refinance," which forgives a substantial portion of your mortgage debt, and refinances the rest.

How Can A Randolph, Massachusetts Attorney Help?

If you are facing the possibility of foreclosure, a good Randolph, Massachusetts real estate Attorney can help. At the very least, they will be able to inform you of your legal options.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Randolph

Town of Randolph is a city in Norfolk County, Massachusetts. Some folks may be interested to find out that the word "town of" is in Randolph's official name. The decision was made during the time it incorporated as a city in 1793. It was also when the motto "say what you feel" became the motto. Randolph is located in the Greater Boston Area and is directly connected to the Boston by major highways like Interstate 93 and US Route 1, rail lines like the Middleboro line to Boston, busses, and the Norwood Memorial Airport. Most Randolph residents use Logan International Airport for their air travel because it is a major hub and flights can cost less. Randolph plays host to a growing community of Boston professionals like lawyers. Randolph lawyers are licensed to practice throughout Massachusetts and know the rigid court procedures of county, state, and city courts.

Many families select Randolph for its schools system that offers kindergarten through high school. Students entering ninth grade may select to attend Blue Hills Regional Technical School or Norfolk County Agricultural School. They're referred to as "Blue Hills" and "Aggie," respectively. Randolph has notable residents like bandleader and producer Danny Davis, rap dj and producer Clinton Sparks, painter and sculptor William Rimmer, NHL Hall of Famer Rod Langway, and author Mary. E. Wilkins Freeman. Town of Randolph is a popular city with lots of great restaurants.