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Roger, Lawyer
Category: Real Estate Law
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In the state of Mass. can a mortgage company foreclose

Customer Question

In the state of Mass. can a mortgage company foreclose because of late charges not paid only. Mortgage company out of Arkansas.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, generally, a lender can foreclose if any fees due are in default/past due. You'd have to look at the note and deed of trust to see if there are any exceptions or provisions that would not allow the lender to do this.....but my guess -- based on looking at thousands of notes and mortgage documents -- is that the lender has the right to foreclose unless the loan is 100% up to date -- including the payment of costs and fees.