Document Updates: Massachusetts HELOC Mortgage (Cx1332)
According to Mass. Gen. Laws Chapter 183, Section 21, the “power” or “power of sale” in a foreclosure proceeding is referenced as the “Statutory Power of Sale”. This power can be incorporated by reference but case law states that in order for a mortgagee to foreclose without obtaining prior judicial authorization upon default the mortgage must include the power or sale (see Culhane v….