Entry by possession

[badluck]

Hi Guys
An immediate reply is appreciated and I am in panic.

I did Bk-ch7 and it got discharged on 12-22-09. I had mentioned that I am surrendering the house in BK.

Today I received a letter from the Land court of MA.

The message says:
"The plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale".

Please explain what is entry and possession? What is the procedure? How many days they give us to stay when they do by possession?

Thank you.

[Widdle]

Hi Guys
An immediate reply is appreciated and I am in panic.

I did Bk-ch7 and it got discharged on 12-22-09. I had mentioned that I am surrendering the house in BK.

Today I received a letter from the Land court of MA.

The message says:
"The plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale".

Please explain what is entry and possession? What is the procedure? How many days they give us to stay when they do by possession?

Thank you.

Check out this...http://www.foreclosureassistance.com/states/massachusetts.html

I didn't read the complete article, however, it appears that "by entry and possession..." is just a different name for your state for normal foreclosure proceedings.

There is a laundry list of steps to take before you will have to leave.

Looks like it takes 3 years.

http://www.foreclosureassistance.com/states/massachusetts.html

[badluck]

Thank you for the message. I have gone through that site but not able to understand clearly.

We received another letter that the auction sale is on February 3rd. Can you please tell me from the auction date how many days I can stay here in this house.

What is the auction procedure in MA? I have read some but I am not able to understand the legal method. Please explain.

[Widdle]

Thank you for the message. I have gone through that site but not able to understand clearly.

We received another letter that the auction sale is on February 3rd. Can you please tell me from the auction date how many days I can stay here in this house.

What is the auction procedure in MA? I have read some but I am not able to understand the legal method. Please explain.

If the auction sale is Feb 3rd, then the date to vacate your home would depend on so many other factors.

One thing you could do is go to your county's website for foreclosures, if available.

I know for instance, here in Florida, my brother's half brother has had his house reset for sale 3 times so far. The first was Dec 17, with the most current as February 24th. His house has been in Foreclosure process since June/July 2009.

A friend's house was foreclosed on October 2008, so far no sale date.

So, situations will vary depending on the mortgage company as well as the state you are in.

Hopefully you may get more information from other members from Massachusetts.

[HakunaMatata]

Here is a general overview of MA foreclosure:

http://www.foreclosurelaw.org/Massachusetts_Foreclosure_Law.htm

It's important to note MA doesn't offer Right of Redemption. Ownership rights expire following the auction; however, eviction doesn't necessarily take place immediately.

ETA: The posted links aren't working correctly. Additional information can be found on the bankruptcy law network site.

[badluck]

Thank you very much for the informations. I will look into it.