Boston

Non-Judicial

In a non-judicial foreclosure state, the lender does not need to go through the court system in order to foreclose on a property. This process can be quicker and less expensive for the lender compared to a judicial foreclosure.

Attorneys handle closings. Conveyance is by warranty deed in the western part of the state and by quitclaim deed in the eastern part. Mortgages with private power of sale are the customary security instruments. Creditors forced to foreclose generally take advantage of the private power of sale, but they may foreclose through peaceable entry (entering unopposed in the presence of two witnesses and taking possession for 3 years) or through the rarely used judicial writ of entry. Frequently, cautious creditors will foreclose through both power of sale and peaceable entry. People in Massachusetts use ALTA owner’s and lender’s title insurance policies and endorsements. Buyers pay closing costs and title insurance fees, except in Worcester, where sellers pay. Sellers pay the documentary taxes. Property taxes are payable in two installments, November 1st and May 1st.

Due November 1st and May 1st

NO. Although renting and leasing activities are considered real estate activities undertaken by a real estate broker, if those activities are incidental to his or her involvement as a property manager, a real estate broker license is not required. For more information about these and other Massachusetts property management requirements and exceptions, please contact the Massachusetts Board of Real Estate Salespersons and Brokers.

NO. A broker's license is not required to manage community associations or condo associations in Massachusetts. For questions about property management requirements in Massachusetts, please contact the Board of Registration of Real Estate Brokers & Salespersons.