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The Massachusetts foreclosure process can often be a long and difficult road. There are many steps before, after, and during the time when a house is actually “in foreclosure,” and the process in its entirety can be a complex issue to understand. Here are some brief explanations to clarify foreclosure in Massachusetts.

• A homeowner misses one (or multiple) mortgage payments.

• The mortgage lender sends the homeowner a 90-Day Right To Cure after Default on Mortgage Loans notice. This means that the homeowner has 90 days to work out a settlement with the lender, and the lender is legally obligated to look for reasonable alternatives to establish a workable repayment plan to collect all past due mortgage payments and avoid foreclosing on the home. Often a third party, usually a loss mitigation division of a bank, will work with both parties to negotiate a plan to avoid foreclosure for the homeowner and work through theMassachusetts loss mitigation process for the lender.

• If no settlement can be reached, the lender proceeds with the foreclosure process and demands payment on the full amount. A formal letter of the lender’s intent to foreclose is sent at least 21 days before the property is scheduled for auction. All other steps have been leading up to this point: the property has officially been foreclosed upon.

• After filing a claim in the Massachusetts Land Court (and providing the homeowner is not in the military), the judge rules in favor of the lender. The lender is not required to use the courts for any other matter in the foreclosure; they can proceed forthwith.

• A notice of sale must be published in a newspaper in the community of the foreclosed property once a week for three weeks prior to its sale. The lender also sends the notice to the homeowner by registered mail at least 14 days before the sale.

• The property is then sold to the highest bidder at auction. The money from the sale goes to cover the mortgage owed by the former owner. If there is a surplus, the surplus goes directly to the owner; if the auction funds fall short of the amount owed, the former homeowner is responsible for the shortfall. The former homeowner is now a tenant in the house, and the new owner must now bring the tenant to court to evict them from the property.

The entire foreclosure and eviction process can take anywhere from 6 months to a year, and sometimes even longer. There are a few legal means by which the homeowner can delay the process but there are even fewer to halt it altogether. Often it is beneficial to seek the counsel of a non-profit housing counselor to explore these options throughout the complex Massachusetts foreclosure process.