Affidavit of Continuing Authority at Time of Sale (Eaton Affidavit) (Foreclosures) (MA) | Practical Law

Affidavit of Continuing Authority at Time of Sale (Eaton Affidavit) (Foreclosures) (MA) | Practical Law

A form of post-sale affidavit of authority favoring the lender in conducting a nonjudicial foreclosure under the statutory power of sale against Massachusetts residential or commercial real property. In this form of affidavit, the foreclosing lender certifies its authority to foreclose on a mortgage because it held the mortgage and the underlying note during the entire foreclosure proceeding, up to and including the date of the foreclosure sale. This Standard Document, commonly referred to as an "Eaton Affidavit," supplements the lender's pre-foreclosure affidavit of authority to foreclose. This Standard Document has integrated notes with important explanations and drafting tips for foreclosing lenders.

Affidavit of Continuing Authority at Time of Sale (Eaton Affidavit) (Foreclosures) (MA)

Practical Law Standard Document w-002-0406 (Approx. 10 pages)

Affidavit of Continuing Authority at Time of Sale (Eaton Affidavit) (Foreclosures) (MA)

by Practical Law Real Estate
MaintainedMassachusetts
A form of post-sale affidavit of authority favoring the lender in conducting a nonjudicial foreclosure under the statutory power of sale against Massachusetts residential or commercial real property. In this form of affidavit, the foreclosing lender certifies its authority to foreclose on a mortgage because it held the mortgage and the underlying note during the entire foreclosure proceeding, up to and including the date of the foreclosure sale. This Standard Document, commonly referred to as an "Eaton Affidavit," supplements the lender's pre-foreclosure affidavit of authority to foreclose. This Standard Document has integrated notes with important explanations and drafting tips for foreclosing lenders.