State Foreclosure Law

Massachusetts Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Massachusetts.

Process
Varies
Both judicial and non-judicial available §
Typical Timeline
~270 days
From first notice to sale
Homestead Exemption
$500,000
Automatic — no filing required
Deficiency Judgment
Limited
Not after non-judicial sale
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
4 cited
16 needs check
5 gaps
Not legal advice. This page provides general information about Massachusetts foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Massachusetts-licensed attorney for situation-specific advice.

For a step-by-step guide to options and resources, see the Massachusetts Foreclosure Guide →

On this page

Governing Statutes

Citation Title Covers
MGL c. 244, § 1 et seq. Foreclosure of Mortgages Non-judicial foreclosure by power of sale, notice requirements, publication, statutory power of sale
MGL c. 244, § 35A-35C Right to Cure / Pre-Foreclosure Notice 150-day right to cure default, 90-day pre-foreclosure notice requirement, creditor mediation obligation
MGL c. 188, § 1 et seq. Homestead Exemption $500,000 automatic homestead exemption for primary residence, $1M declared homestead for elderly/disabled
MGL c. 239, § 1 et seq. Summary Process (Eviction) Post-foreclosure eviction procedures and tenant protections

Non-Judicial Foreclosure Process

Awaiting verification
1
Default and §35A Right to Cure Notice
~150 days
When a borrower of a first-lien residential mortgage on a 1-4 unit owner-occupied property defaults, M.G.L. c. 244, §35A requires the mortgagee (lender) to send a 'Right to Cure' notice to the borrower by first-class mail at their last known address. The notice must inform the borrower: (1) they are in default; (2) the nature and amount of the default; (3) the borrower has 150 days from receipt to cure the default by paying all amounts owed; and (4) if the borrower does not cure, the mortgagee may accelerate and foreclose. The 150-day right-to-cure period runs concurrently with CFPB Regulation X's 120-day pre-filing period. Once the §35A notice is sent, the mortgagee cannot publish the foreclosure sale notice until the 150-day period expires (unless the borrower's right to cure has been previously exercised for the same mortgage).
2
§35B Servicer Evaluation for Modification (Certain Loans)
~30 days
M.G.L. c. 244, §35B requires servicers of certain Massachusetts residential mortgages to evaluate whether the borrower qualifies for a 'commercially reasonable alternative' to foreclosure (including loan modification) before proceeding with foreclosure. The servicer must send a §35B notice to the borrower assessing whether a modification is possible under the Net Present Value (NPV) test. If the NPV analysis shows modification is value-positive (the modified loan is worth more to the investor than foreclosure), the servicer should offer a modification. §35B applies to loans that meet specific criteria (certain higher-cost or subprime mortgages originated between 2007-2012). The scope of §35B has been contested in courts.
3
14-Day Notice to Mortgagor Before First Publication
~14 days
Before the mortgagee can begin publication of the foreclosure sale notice, it must send written notice to the mortgagor (borrower) by registered mail at least 14 days before the first publication. This notice must inform the borrower of: (1) the mortgagee's intent to foreclose; (2) the date, time, and place of the proposed sale; and (3) the total amount needed to redeem (cure) the mortgage. The 14-day notice is in addition to the earlier §35A cure period notice — it is the pre-publication notice confirming that the mortgagee is proceeding with foreclosure.
4
Publication of Notice of Foreclosure Sale — 3 Consecutive Weeks
~21 days
The mortgagee (or its attorney) publishes the Notice of Foreclosure Sale in a local newspaper of general circulation in the county (or city) where the property is located for 3 consecutive weeks. M.G.L. c. 244, §14 requires the notice to include: (1) the mortgagee's name; (2) the property description; (3) the date, time, and place of sale; and (4) the terms of sale. Under Massachusetts land title standards, the sale must occur no sooner than the third publication date (21 days after first publication). The mortgagee must also mail notice of the sale by registered mail to the mortgagor at least 14 days before the sale (see step 3 above).
5
Power of Sale Auction
~45 days
The mortgagee (or its attorney or auctioneer) conducts a public auction on the date, time, and place specified in the published notice. Massachusetts foreclosure sales are typically conducted at the property itself or at a location near the county courthouse. The mortgagee may credit bid up to the full outstanding balance plus costs. Third-party investors and the general public may bid. The highest bidder must pay a deposit on the sale date (typically 5-10% of the sale price) and the balance within 30-45 days. If no bids exceed the mortgagee's credit bid, the mortgagee acquires the property as REO. Massachusetts is one of the few states where the mortgagee's attorney typically acts as the auctioneer, though licensed auctioneers are also used.
6
Foreclosure Deed and Title Transfer
~30 days
After the auction, the mortgagee (or trustee, if a REMIC trust) records a Foreclosure Deed with the Registry of Deeds in the county where the property is located, conveying title to the successful purchaser. The foreclosure deed extinguishes the mortgagor's equity of redemption and all junior liens and encumbrances. Under Massachusetts law, the foreclosure is complete upon recording of the foreclosure deed. The former owner has no right to redeem or reclaim the property after the deed is recorded.
7
Summary Process (Eviction) Against Former Owner and Tenants
~60 days
After the foreclosure deed is recorded, if the former owner or tenants remain in possession, the new owner must bring a Summary Process (eviction) action in the Housing Court or District Court. Massachusetts Summary Process after foreclosure typically requires serving a Notice to Quit (typically 30 days for former owners, 90 days for bona fide tenants under the PTFA). If the former owner does not vacate, the new owner files a Summary Process complaint. The court holds a hearing and if the new owner prevails, issues an Execution for Possession. The county sheriff executes the writ to remove occupants if necessary. Massachusetts is a landlord-tenant-protective state and Summary Process cases after foreclosure can take 45-90 days.

Judicial Foreclosure Process

Awaiting verification
1
File Complaint in Land Court or Superior Court
The mortgagee files a complaint to foreclose mortgage or for strict foreclosure in the Massachusetts Land Court (for title matters) or Superior Court. The court issues summons requiring the mortgagor and all junior lienholders to appear and respond.
2
Court Proceedings, Judgment, Sale or Strict Foreclosure
Case proceeds through civil litigation. For a traditional judicial foreclosure, the court orders a public sale by the sheriff. For strict foreclosure (rare), the court sets a 'law day' by which the mortgagor must pay the debt or lose the property to the mortgagee without a sale. Because the power of sale is standard in modern Massachusetts mortgages, judicial foreclosure is almost never used.

Homeowner Protections

Awaiting verification
Homestead Exemption
$500,000
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Prohibited after non-judicial sale
Massachusetts permits deficiency judgments after a power-of-sale foreclosure, subject to three important rules: (1) The lender must bring a separate action in Superior Court within 90 days of the foreclosure sale to recover the deficiency — it cannot be recovered in the foreclosure proceeding itself (M.G.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
150 days from receipt of the §35A notice — for first-lien residential mortgages on 1-4 unit owner-occupied properties
All past-due mortgage payments, late charges, attorney fees, and other charges specified in the mortgage. After cure, the mortgage remains in force and the borrower resumes regular payments.

Massachusetts Borrower Outreach and Mediation

Awaiting verification

Massachusetts offers a statewide foreclosure mediation program. §

Key Requirements

Administered By
Massachusetts Attorney General's Office / Supreme Judicial Court

Regulatory Oversight & Complaint Filing

Massachusetts homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Massachusetts Division of Banks (DOB)
File a complaint →
Attorney General — Consumer Protection
Massachusetts Attorney General — Mortgage Fraud and Foreclosure Division
Consumer protection information →
Housing Finance Agency
MassHousing
Phone: 617-854-1000

Alternatives & Financial Assistance

Massachusetts law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements.

Massachusetts's Massachusetts Homeowner Assistance Fund (MA HAF) (Active — verify current availability directly with MassHousing. Treasury period of performance extends through 2026.) provides mortgage assistance to qualifying homeowners. Program details: masshousingpaymenthelp.com.

For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Massachusetts Foreclosure Guide.

Post-Sale Proceedings Under Massachusetts Law

After a foreclosure sale in Massachusetts, the new owner must provide written notice before initiating eviction proceedings. A minimum of 30 days' notice is required.

Surplus fund rights after a Massachusetts foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.

For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Massachusetts Foreclosure Guide.

Special Foreclosure Types in Massachusetts

Beyond the standard judicial and non-judicial foreclosure process, Massachusetts law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Available under state law.
Tax Sale Foreclosure
See details.

Lien Priority in Massachusetts

Massachusetts follows a race-notice recording statute (M.G.L. c. 183, §4). A mortgage that is recorded first and for which the mortgagee paid value without actual or constructive notice of a prior unrecorded interest takes priority over that prior interest. Post-Ibanez, the entire chain of assignments must be recorded before the foreclosure sale to be valid.

Statute of Limitations in Massachusetts

Mortgage Foreclosure
35
Written Contracts
6
Deficiency Judgment
0.25

Notable Massachusetts Foreclosure Cases

Key court decisions that have shaped foreclosure law and homeowner protections in Massachusetts.

U.S. Bank Nat'l Ass'n v. Ibanez
458 Mass. 637 (2011)
The landmark Massachusetts SJC case that voided two foreclosures because the lenders (US Bank and Wells Fargo acting as securitization trustees) did not have valid, recorded mortgage assignments at the time they conducted the foreclosure sales. The SJC held that under M.G.L. c. 244, §14, a party conducting a power-of-sale foreclosure must have a valid assignment of the mortgage at the time of sale, and that a post-hoc assignment recorded after the sale is insufficient to validate the foreclosure. Ibanez created a wave of foreclosure challenges in Massachusetts and prompted major servicers to significantly improve assignment documentation practices. Any foreclosure title examination in Massachusetts must include an Ibanez analysis of the assignment chain.
Eaton v. Federal Nat'l Mortgage Ass'n
462 Mass. 569 (2012)
The SJC held that to conduct a valid power-of-sale foreclosure under M.G.L. c. 183, §21, the foreclosing party must hold both the mortgage AND the underlying promissory note (or be acting as the authorized agent of the note holder). A 'mortgage holder' divorced from the note holder cannot foreclose — this addressed the 'robo-signing' era's separation of mortgage assignments from note transfers. Eaton, combined with Ibanez, established that Massachusetts foreclosing parties must document their complete chain of title in both the mortgage assignment and the note transfer.
Galvin v. U.S. Bank, N.A.
Massachusetts Land Court decisions on §35A compliance
Massachusetts Land Court cases have addressed §35A compliance and the consequence of failure to send the required Right to Cure notice before foreclosure. Courts have held that a mortgagee's failure to comply with §35A renders the foreclosure void or voidable, creating grounds for the former owner to challenge the foreclosure and potentially recover the property. These decisions have made §35A compliance a critical part of Massachusetts foreclosure practice, with servicers required to carefully document §35A notices.

Probate & Inheritance in Massachusetts

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Massachusetts law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Automatic Stay on Death
No automatic stay. Foreclosure may proceed during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
Under M.
Heir Protections
Heirs who inherit and occupy the property qualify as successors in interest under CFPB Regulation X (12 CFR 1024.

Consumer Protection & Compliance in Massachusetts

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Massachusetts.

Mortgage Relief Scam Protections
State law specifically addresses mortgage relief scams.
Attorney Advertising Rules
Massachusetts Rules of Professional Conduct (Mass. §
Lead Generation Restrictions
Massachusetts Consumer Protection Act (M.

Legal Aid & Pro Bono Resources in Massachusetts

  • ⚖
    Greater Boston Legal Services (GBLS)
    Greater Boston metro (Suffolk, Middlesex, Norfolk, Essex counties) — free civil legal services for low-income residents including foreclosure defense, Housing Court representation, and bankruptcy assistance. legal aid.
    gbls.org →
  • ⚖
    Massachusetts Legal Aid (MLA) — Statewide Hotline
    Statewide Massachusetts — MassLegalHelp.org coordinates legal aid referrals across all Massachusetts counties and provides online self-help resources for foreclosure defense. legal aid.
    masslegalhelp.org →
  • ⚖
    South Coastal Counties Legal Services (SCCLS)
    Southeastern Massachusetts including Plymouth, Bristol, Barnstable, Dukes, and Nantucket counties. legal aid.
    sccls.org →
  • ⚖
    Harvard Legal Aid Bureau
    Cambridge and parts of Boston — free legal services from Harvard Law students supervised by licensed attorneys. legal aid.
    hlab.law.harvard.edu →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Massachusetts. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Massachusetts →
  • 📋
    Massachusetts Bar Association — Lawyer Referral Service
    State bar lawyer referral service.
    massbar.org →

Find Help in Massachusetts

We maintain a verified directory of free and low-cost help providers in Massachusetts. All are government-approved or federally funded.

37 HUD-approved housing counselors Free foreclosure prevention counseling 4 Legal aid offices Free legal representation for qualifying homeowners 38 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 44 Debtor education providers Required post-filing debtor education courses

Browse all 123 providers in Massachusetts →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Massachusetts.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Massachusetts Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Massachusetts homeowners:

Foreclosure Filings
National trend
Massachusetts has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

🛟
Free help is available for homeowners facing foreclosure in Massachusetts. Contact 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.