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Law Pro
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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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In Massachusetts, what entity handles the foreclosure sale

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In Massachusetts, what entity handles the foreclosure sale of a property after a judicial foreclosure? A judgment has been entered in my case and it has been dismissed, but I do not know if the local sheriff or a trustee handles the actual sale of the property.

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In Massachusetts, the lenders can also go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. This process is called foreclosure by entry or action. The property is then sold as part of a publicly noticed sale by the sheriff. A complaint is filed in court along with what is known a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed upon.

You stated:

A judgment has been entered in my case and it has been dismissed, but I do not know if the local sheriff or a trustee handles the actual sale of the property.


If the judgment has been dismissed there wouldn't be a sale - because the lender must get a judgment before they can hold the public sale of the property.



Why was the judgment dismissed? Part the foreclosure settlement or what?
Customer: replied 3 years ago.

A judgment was entered and the case was then dismissed. This was told to me by the clerk of court. So the Sheriff handles the sale then, correct?

Yes, the sheriff handles the "sale" but only after the court issues a final judgment of foreclosure.

If that final judgment of foreclosure was dismissed - then the sheriff can't handle the sale of the property. The property reverts back to you with potentially the lien against it or maybe no lien depending upon why the judgment was dismissed.

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