- Who sends it
- The lender's attorney, who must mail, publish and record the court's Order of Notice 14 days before the return day
- What it starts
- A return day by which servicemembers and dependents must file an Answer to claim protection
- Do this first
- If no one is in the military, you do not answer; use the time to apply for help and call legal aid
What these papers are in Massachusetts
The Land Court explains that mortgage foreclosures in Massachusetts generally are not conducted by courts. Before foreclosing, a lender can file a Servicemembers case in the Land Court or the Superior Court, under a state procedure in Chapter 57 of the Acts of 1943. The case asks the court to declare that no owner is entitled to protection under the federal Servicemembers Civil Relief Act (SCRA).
When the case is filed, the court prepares an Order of Notice. It gives the return day, the date by which an owner must file an Answer to claim SCRA protection.
How the 14 days and the return day work
- At least 14 days before the return day, the lender must send the Order of Notice to each owner by registered or certified mail, publish it in a newspaper the court names, and record it at the registry of deeds.
- The return day is not a court hearing. You do not go to court that day.
- If you claim military protection, your Answer must be filed with the court before the return day ends, and a copy must be mailed or delivered to the lender's attorney.
- The Land Court says these cases often take 2 to 4 months when no one claims protection, and longer when someone does.
Who needs to answer
- Answer if you are a servicemember on active duty, or the spouse, child or other dependent of one. The SCRA's foreclosure protections apply only to a mortgage taken out before the military service began.
- Your Answer must say that you own or have an interest in the home, that you are a servicemember or dependent, that you are entitled to SCRA protection, and that you object to foreclosure for that reason.
- The Land Court appoints a Military Attorney for a servicemember. If none is appointed, the court says to contact the Land Court Recorder's Office at 617-788-7470.
- If no owner is a servicemember or dependent, the Land Court says you do not need to respond, and you cannot file an Answer to argue about the foreclosure itself in this case.
What it does and does not mean
- It is not a foreclosure judgment and does not mean a sale will happen. The Land Court says filing it does not make it too late to apply for a loan modification.
- Where SCRA protection applies, the Land Court says the lender cannot foreclose without a court order or your written agreement.
- A bankruptcy filing pauses the Servicemembers case, and the Land Court will stay it until the bankruptcy court rules.
- If you think the foreclosure itself is wrong, you have to start your own court case, so talk to a lawyer now.
What to do this week
- Read the Order of Notice for the return day and the case number.
- Send your servicer a complete loss mitigation application if you have not, and keep proof.
- Find free legal help through Massachusetts Legal Services' Find Legal Aid tool, or call the Mass Bar Lawyer Referral Service at (617) 654-0400, as listed by the Attorney General.
- Watch your mail for the Mortgagee's Sale of Real Estate notice, which can follow.
- Read our national summons and complaint page and what to do when a Massachusetts sale date is set.
The rest of the Massachusetts process
See how foreclosure works in Massachusetts, the timeline, ways to stop it and free help in Massachusetts, or read the national guide to this letter.
Common questions
Do I have to answer a Massachusetts Servicemembers case if I am not in the military?
No. The Land Court says that if no owner is a servicemember or dependent, you do not need to respond or hire a lawyer for this case, because its only purpose is to decide military protection.
Is a Massachusetts Servicemembers case the same as a foreclosure?
No. It is one step a lender takes before foreclosing. The Land Court says filing it does not mean a foreclosure will follow and does not make it too late to apply for a modification.
When is the Answer due in a Massachusetts Servicemembers case?
Before the return day printed on the Order of Notice. The lender must mail, publish and record that notice at least 14 days before the return day.
Other Massachusetts letters
- Right to Cure Notice (90-day notice)Before a Massachusetts lender can call your whole loan due or start a foreclosure for missed payments, it must send you this notice and wait at least 90 days. If you pay the past-due amount by the cure date, the lender cannot speed up the loan for that default. You get this right once in any 5-year period.
- Right to Request a Modified Mortgage Loan NoticeIf your loan has certain higher-risk features, Massachusetts law makes the lender try to avoid foreclosure before it can advertise a sale. This notice tells you that you can ask for a modified loan. You have 30 days after it is delivered to send back your choice.
- Notice of Intention to Foreclose and of Deficiency After Foreclosure of MortgageThis registered-mail notice warns that you may owe money if the foreclosure sale brings in less than the debt. A Massachusetts lender can sue you for that shortfall only if it mailed this notice at least 21 days before the sale. It also tells you a sale is close.
- Mortgagee's Sale of Real Estate (notice of sale)This is the notice of the foreclosure auction. It must run in a local newspaper once a week for 3 weeks, the first at least 21 days before the sale, and be mailed to you by registered mail at least 14 days before. In Massachusetts the auction itself ends your right to redeem.
- Notice to Quit and Summary Process Summons and ComplaintAfter a Massachusetts foreclosure auction, the new owner must use a court eviction case, called summary process, to remove you. It usually starts with a written notice to quit, then a Summary Process Summons and Complaint. You cannot be locked out without a court judgment.