State Foreclosure Law

Massachusetts Foreclosure Laws

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

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$125,000 automatically; $1,000,000 with a recorded declaration

Automatic: $125,000; a recorded declaration is needed for the $1,000,000 declared exemption · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

38 source pages cited · Last checked Mar 10, 2026

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.

Facing foreclosure? The timeline, your rights and your options are laid out in the Massachusetts foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Regulatory bodies & complaint filing
04 Special foreclosure types
05 Lien priority
06 Statute of limitations
07 Notable foreclosure cases
08 Probate & inheritance
09 Consumer protection & compliance
10 Legal aid & pro bono resources
11 Find help in Massachusetts
12 National foreclosure guides
13 Massachusetts distress data

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	90-day right to cure default after a written pre-foreclosure notice, creditor mediation obligation
MGL c. 188, § 1 et seq.	Homestead Exemption	$125,000 automatic homestead exemption for a principal residence, $1,000,000 with a recorded declaration
MGL c. 239, § 1 et seq.	Summary Process (Eviction)	Post-foreclosure eviction procedures and tenant protections

Massachusetts Foreclosure Process and Your Rights

Massachusetts uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: At least 90 days after the written §35A notice is given — for mortgages on residential property with up to four units that is the borrower's principal residence. Until then, the mortgagee cannot accelerate the loan or otherwise enforce the mortgage because of the missed payment. The right to cure is granted once during any 5-year period, regardless of who holds the mortgage. §
After the sale: No post-sale redemption after a sale under the mortgage's power of sale (M.G.L. c. 244, §18). §
Homestead exemption: $125,000 automatically; $1,000,000 with a recorded declaration §
Mediation: Massachusetts has a statewide foreclosure mediation program: the Massachusetts Borrower Outreach and Mediation. §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Massachusetts foreclosure guide →

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

Special Foreclosure Types in Massachusetts

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

HOA & Condo Association Foreclosure

Massachusetts condominium associations (the organization of unit owners under M.G.L. c. 183A) have a lien on a unit for unpaid common expense assessments and enforce it through a court action under M.G.L. c. 254, §§5 and 5A (M.G.L. c. 183A, §6). §

M.G.L. c. 183A, §6 gives that lien priority over the first mortgage for up to 6 months of common expense assessments based on the association's budget, plus the costs and reasonable attorneys' fees of the action to enforce the lien; the priority amount does not include special assessments, late charges, fines, penalties, or interest.

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.

Statute of Limitations in Massachusetts

Mortgage Foreclosure

Varies §

Under the Massachusetts Obsolete Mortgage Act (M.G.L. c. 260, §33), a power of sale cannot be exercised and a foreclosure cannot be started after 35 years from the mortgage's recording if the mortgage states no term, or after 5 years from the end of the term or the maturity date if it states one, unless an extension of the mortgage, or an acknowledgment or affidavit that it is not satisfied, is recorded before that period ends. Once the period expires, the mortgage is considered discharged.

Written Contracts

6 years §

Deficiency Judgment

2 years §

An action to recover a deficiency after a foreclosure by power of sale must be started within two years after the foreclosure sale or, if the loan's principal does not become payable until after the sale, within two years after the claim for that principal accrues (M.G.L. c. 244, § 17A). No deficiency action may be brought unless the lender mailed the written notice described in § 17B before the sale. Sections 17A and 17B cannot be waived by an agreement made before suit (§ 17C).

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.

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.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Under M.G.L. c. 244, §35A and §14, notices must be sent to the mortgagor at their last known address.

Heir Protections

Heirs who inherit and occupy the property may qualify as confirmed successors in interest under CFPB Regulation X (12 CFR 1024.31).

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. R. Prof. C. 7.1-7.5) govern attorney advertising, including foreclosure defense attorneys. §

Lead Generation Restrictions

Massachusetts Consumer Protection Act (M.G.L. c. 93A) prohibits unfair or deceptive acts or practices in trade or commerce, including foreclosure rescue services.

Legal Aid & Pro Bono Resources in Massachusetts

⚖

Greater Boston Legal Services (GBLS)

Area served: 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.
gbls.org →
⚖

Massachusetts Legal Aid (MLA) — Statewide Hotline

Area served: Statewide Massachusetts — MassLegalHelp.org coordinates legal aid referrals across all Massachusetts counties and provides online self-help resources for foreclosure defense.
masslegalhelp.org →
⚖

South Coastal Counties Legal Services (SCCLS)

Area served: Southeastern Massachusetts including Plymouth, Bristol, Barnstable, Dukes, and Nantucket counties.
sccls.org →
⚖

Harvard Legal Aid Bureau

Area served: Cambridge and parts of Boston — free legal services from Harvard Law students supervised by licensed attorneys.
harvardlegalaid.org →
🏠

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.

35 HUD-approved housing counselors Free foreclosure prevention counseling 4 Legal aid offices Free legal representation for qualifying homeowners 41 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 47 Debtor education providers Required post-filing debtor education courses

Browse all 127 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

National foreclosure filings. Massachusetts mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).