Massachusetts Agencies

When Complete


A foreclosure sale is complete "at least as early as the point in time when the memorandum of sale was executed." See Outpost Cafe v. Fairhaven Savings Bank, 3 Mass.App.Ct. 1, 322 N.E.2d 183 (1975). This rule, for example, was applied in Massachusetts Automatic Transmissions, Inc. v. Colletti, 35 B.R. 328 (Bkrtcy. 1983), wherein it was held that under Massachusetts law a bankruptcy filed by the debtor after the foreclosure sale but before recording of the foreclosure deed did not affect the title, as there was no title for the bankruptcy estate to assume.