Foreclosures

Foreclosure Attorneys Representing Institutional and Private Lenders in Rhode Island, Massachusetts and Connecticut

Bilodeau Capalbo, LLC represents institutional lenders, banks, credit unions, private mortgage lenders, commercial lenders, mortgage investors, and other secured creditors in foreclosure proceedings throughout Rhode Island, Massachusetts, and Connecticut.

Our attorneys have handled mortgage foreclosure matters in all three states, with particularly substantial experience in Rhode Island and Connecticut. We assist lenders in enforcing mortgage obligations, addressing defaults, protecting their security interests, and navigating the legal and procedural requirements associated with residential and commercial mortgage foreclosures.

Foreclosure proceedings require careful attention to mortgage documentation, statutory notices, recording requirements, borrower protections, lien priorities, and applicable judicial decisions. Errors in the foreclosure process can result in substantial delays, challenges to foreclosure sales, additional litigation, and disputes concerning title.

Our firm combines substantial experience in foreclosure proceedings with a broader practice in real estate law, real estate litigation, commercial real estate transactions, and business litigation. This experience allows our attorneys to address mortgage enforcement matters involving contested title, loan defaults, competing liens, commercial property interests, and related disputes.

Foreclosure Representation for Banks, Institutional Lenders and Private Mortgage Holders

Bilodeau Capalbo provides legal representation to lenders and secured creditors in connection with mortgage defaults and the enforcement of real estate security interests.

Our foreclosure-related services include:

• Residential mortgage foreclosure proceedings
• Commercial real estate foreclosures
• Foreclosures involving privately held mortgages
• Enforcement of promissory notes and mortgage obligations
• Review of mortgage assignments and loan documentation
• Statutory power-of-sale foreclosure proceedings
• Judicial foreclosure actions
• Contested foreclosure litigation
• Mortgage priority and competing lien disputes
• Loan defaults, acceleration, and demand notices
• Negotiation and documentation of loan workouts
• Deeds in lieu of foreclosure
• Deficiency claims and enforcement of personal guarantees
• Post-foreclosure possession and title disputes
• Litigation involving challenges to foreclosure sales

We recognize that institutional and private lenders may have different servicing arrangements, documentation practices, and business objectives. Our representation is tailored to the nature of the loan, the collateral securing the obligation, and the lender’s available legal remedies.

Rhode Island Mortgage Foreclosure Attorneys

Rhode Island generally permits mortgage lenders to foreclose through the exercise of a statutory power of sale without first obtaining a judicial foreclosure judgment.

R.I. Gen. Laws § 34-11-22 establishes the statutory power of sale, while § 34-27-4 governs important notice and publication requirements. Judicial foreclosure is also authorized under R.I. Gen. Laws § 34-27-1.

A lender pursuing a power-of-sale foreclosure must comply with the mortgage instrument and applicable statutory requirements, including requirements concerning notice to the mortgagor, publication of the foreclosure sale, and recording of foreclosure documents.

Strict Compliance With Rhode Island Foreclosure Notices

The Rhode Island Supreme Court has emphasized the importance of compliance with mortgage notice provisions.

In Woel v. Christiana Trust, 228 A.3d 339 (R.I. 2020), the Court held that strict compliance with the notice requirements contained in the mortgage contract was a condition precedent to acceleration and a valid foreclosure sale.

The Court concluded that a notice referring to the borrower’s right to cure a default after acceleration did not satisfy the mortgage’s requirement to notify the borrower of the right to reinstate after acceleration.

In Montaquila v. Flagstar Bank, FSB, 288 A.3d 967 (R.I. 2023), the Rhode Island Supreme Court addressed statutory requirements concerning the addresses to which foreclosure notices must be mailed.

Following remand, the Court further addressed compliance with those requirements in Montaquila v. Flagstar Bank, FSB, 329 A.3d 490 (R.I. 2025), concluding that the lender had complied on the undisputed record presented.

These decisions demonstrate the importance of reviewing the mortgage, applicable statutes, borrower address information, and the foreclosure notice before proceeding with a sale.

Rhode Island Foreclosure Mediation Requirements

R.I. Gen. Laws § 34-27-9 establishes foreclosure mediation requirements applicable to qualifying owner-occupied residential properties containing no more than four dwelling units and serving as the mortgagor’s primary residence.

The statute requires applicable mortgagees to satisfy mediation-related obligations before proceeding with a nonjudicial foreclosure.

The mediation requirements do not apply to every mortgage. Commercial loans, investment properties, and other transactions must be evaluated under the statute’s specific definitions and limitations.

For lenders, identifying whether the statute applies is an important part of evaluating a default and preparing for foreclosure.

Rhode Island Commercial and Private Mortgage Foreclosures

Commercial and privately held mortgages may present issues involving loan documentation, assignments, lien priorities, guarantees, collateral valuation, and enforcement of contractual remedies.

Private lenders should not assume that every notice or mediation requirement applicable to an owner-occupied consumer mortgage applies identically to a commercial mortgage.

Likewise, a lender should not assume that a privately originated mortgage is exempt from otherwise applicable statutory requirements.

Bilodeau Capalbo assists lenders in evaluating these distinctions and pursuing the remedies available under Rhode Island law.

Massachusetts Mortgage Foreclosure Attorneys

Massachusetts generally permits nonjudicial foreclosure through the statutory power of sale established by M.G.L. c. 183, § 21, subject to the requirements of M.G.L. c. 244 and the governing mortgage instrument.

Massachusetts foreclosure law places significant emphasis on compliance with statutory procedures and contractual conditions precedent to foreclosure.

Massachusetts Power-of-Sale Foreclosures

Under M.G.L. c. 244, § 14, a mortgagee exercising a power of sale must satisfy statutory requirements concerning publication, notice to interested parties, and the mortgagee’s authority to foreclose.

Additional requirements may apply to residential mortgage loans under M.G.L. c. 244, §§ 35A, 35B, and 35C.

These provisions address matters including rights to cure, loss mitigation for certain mortgage loans, and documentation of the mortgagee’s authority to foreclose.

The applicability of particular requirements depends on the loan and property involved.

Massachusetts Foreclosure Decisions Affecting Lenders

In U.S. Bank National Association v. Ibanez, 458 Mass. 637, 941 N.E.2d 40 (2011), the Massachusetts Supreme Judicial Court addressed the authority of mortgage assignees to exercise the statutory power of sale.

In Eaton v. Federal National Mortgage Association, 462 Mass. 569, 969 N.E.2d 1118 (2012), the Court held that the mortgagee exercising the statutory power of sale must also hold the underlying note or act on behalf of the note holder.

In Pinti v. Emigrant Mortgage Co., 472 Mass. 226, 33 N.E.3d 1213 (2015), the Court required strict compliance with contractual default notice provisions that constitute conditions precedent to foreclosure.

More recently, Fannie Mae v. Branch, 494 Mass. 343, 236 N.E.3d 1181 (2024), addressed the prospective application of the strict-compliance requirement announced in Pinti.

These decisions underscore the importance of evaluating the chain of mortgage assignments, authority to enforce the debt, and the sufficiency of notices before conducting a foreclosure sale.

Massachusetts Commercial and Private Lender Foreclosures

Private and commercial mortgage lenders may have remedies that differ from those associated with owner-occupied residential mortgage loans.

Commercial foreclosure matters may involve business-purpose loans, investment properties, multiple parcels, subordinate liens, guarantors, and disputes concerning mortgage assignments or contractual defaults.

Bilodeau Capalbo represents lenders in Massachusetts foreclosure matters and related real estate enforcement disputes.

Connecticut Foreclosure Attorneys for Institutional and Private Lenders

Unlike Rhode Island and Massachusetts, Connecticut is a judicial foreclosure state.

A mortgage lender seeking foreclosure generally must commence a court proceeding and obtain a judgment authorizing foreclosure.

Connecticut recognizes strict foreclosure, foreclosure by sale, and, in qualifying circumstances, foreclosure by market sale.

The principal statutory framework includes Conn. Gen. Stat. §§ 49-1, 49-14, 49-15, and 49-24 through 49-28.

Connecticut Strict Foreclosure

Strict foreclosure permits the court to establish the amount of the mortgage debt and set law days during which parties holding redemption rights may satisfy the debt and redeem the property.

If the applicable law days pass without redemption, the equitable right of redemption is extinguished and title may vest absolutely in the mortgagee or other entitled encumbrancer.

Strict foreclosure is commonly pursued where the mortgage debt exceeds the value of the collateral.

The procedure requires attention to lien priorities, valuation evidence, judgment requirements, law days, and potential motions to open or modify the foreclosure judgment.

Connecticut Foreclosure by Sale

A Connecticut court may order foreclosure by sale when appropriate under Conn. Gen. Stat. § 49-24.

Under § 49-25, the court appoints a person to conduct the sale and establishes procedures for the sale and appraisal of the property.

The sale remains subject to judicial approval. After the sale is ratified, the appointed person executes the conveyance under § 49-26.

Foreclosure by sale is particularly relevant when the collateral has equity beyond the mortgage debt or when a judicial sale is otherwise appropriate.

Connecticut Foreclosure Mediation

Connecticut maintains the Ezequiel Santiago Foreclosure Mediation Program under Conn. Gen. Stat. §§ 49-31k through 49-31o.

The program applies to qualifying foreclosure proceedings and provides a structured process for considering potential alternatives to foreclosure.

The statutory program includes procedures addressing eligibility, mediation notices, document production, mediation sessions, and the circumstances under which a foreclosure judgment may enter.

Under Conn. Gen. Stat. § 49-31o(a), a mortgagee is not required to modify a mortgage or change its payment terms without its consent.

For institutional lenders and mortgage servicers, compliance with the mediation requirements is an important consideration in managing foreclosure litigation.

Connecticut Deficiency Judgments

When a foreclosure does not fully satisfy the secured obligation, Connecticut law provides procedures for seeking a deficiency judgment in qualifying circumstances.

Conn. Gen. Stat. § 49-14 establishes requirements governing deficiency motions following foreclosure, including applicable deadlines and valuation proceedings.

The availability and calculation of a deficiency depend on the foreclosure procedure, the parties’ obligations, and applicable statutory limitations.

Commercial Mortgage Foreclosures and Secured Creditor Litigation

Commercial mortgage enforcement often involves more than conducting a foreclosure sale or obtaining a foreclosure judgment.

A defaulted commercial loan may involve competing mortgages, assignments, multiple guarantors, disputed payment histories, business entities, leasehold interests, rents, property-management issues, and competing claims to the collateral.

The lender’s objectives may include recovering the property, obtaining payment, preserving collateral value, enforcing a guarantee, or negotiating a resolution that avoids unnecessary litigation.

Bilodeau Capalbo’s broader business and real estate litigation practice allows the firm to address disputes that arise in connection with mortgage enforcement and foreclosure proceedings.

Foreclosure Representation for Private Mortgage Lenders

Private mortgage lending can involve individuals, investment entities, closely held businesses, and other noninstitutional creditors.

A privately negotiated mortgage may secure a commercial loan, an investment transaction, a purchase-money obligation, or another debt.

When a borrower defaults, the private lender must determine whether the loan documents establish an enforceable obligation, whether the mortgage properly secures the debt, and what remedies are available under the governing law.

Important considerations include the mortgage’s power-of-sale provisions, applicable default and acceleration requirements, recording and assignment issues, lien priorities, guaranties, and the potential for a negotiated resolution.

Our firm assists private lenders in evaluating and enforcing their mortgage rights in Rhode Island, Massachusetts, and Connecticut.

Mortgage Priority Disputes and Foreclosure Litigation

Mortgage foreclosure proceedings may involve disputes concerning the priority, validity, or enforceability of competing interests in real property.

These disputes can arise from prior mortgages, judgment liens, tax liens, condominium assessment liens, recorded assignments, and other encumbrances.

The resolution of priority disputes can materially affect the lender’s ability to recover its collateral or the proceeds of a foreclosure sale.

Our attorneys handle real estate litigation and related disputes involving mortgage rights, competing claims to property, and the enforcement of contractual obligations.

Why Lenders Choose Bilodeau Capalbo

Bilodeau Capalbo represents lenders in foreclosure matters as part of its broader real estate, commercial, and litigation practice.

Our attorneys have experience handling foreclosure proceedings in Rhode Island, Massachusetts, and Connecticut, including substantial foreclosure work in Rhode Island and Connecticut.

We understand that lenders require legal representation that addresses both procedural compliance and the commercial realities of recovering a defaulted loan.

Our approach emphasizes careful evaluation of the loan documents, identification of available remedies, compliance with applicable foreclosure requirements, and effective representation when litigation becomes necessary.

Foreclosure Litigation and Related Legal Services

Mortgage foreclosure proceedings frequently involve issues extending beyond the enforcement of a mortgage. Disputes concerning loan agreements, personal guarantees, title defects, competing liens, commercial leases, and property ownership may require additional legal representation.

Bilodeau Capalbo, LLC represents institutional and private lenders in matters involving real estate litigation, commercial property transactions, business disputes, and enforcement of contractual obligations.

Our attorneys also assist clients with real estate transactions and other legal issues affecting the acquisition, financing, ownership, and disposition of real property.

Our Rhode Island Real Estate Law practice encompasses both transactional representation and litigation concerning real property interests.

This combination of transactional and litigation experience allows our firm to evaluate foreclosure matters within the broader context of the lender’s rights, collateral, and financial objectives.

Speak With a Foreclosure Attorney Representing Lenders in RI, MA or CT

If your financial institution, lending business, investment entity, or private lending arrangement involves a defaulted mortgage in Rhode Island, Massachusetts, or Connecticut, contact Bilodeau Capalbo, LLC to discuss the available enforcement options.

Our firm represents mortgagees, institutional lenders, private lenders, and secured creditors in foreclosure proceedings and related litigation.

Call our Rhode Island office at 401-300-4055 or our Connecticut office at 855-502-2529 to discuss your matter.

Bilodeau Capalbo’s foreclosure practice is focused on representing lenders and secured creditors. We do not represent borrowers seeking to defend against foreclosure proceedings.