Best bet
Mortgage lending and foreclosures, Mass. Attorney General.
Information about preventing foreclosure, the loan modification process, foreclosure-related scams, and frequently asked questions regarding resources for mortgage and foreclosure assistance. If you are having an issue with your mortgage lender, you can file a complaint with the AG’s Consumer Advocacy and Response Division.
Massachusetts laws
MGL c. 183, § 27 Disposition of proceeds of foreclosure
MGL c. 244 Foreclosure and redemption of mortgages
Note: In Massachusetts, a lender may foreclose using a judicial method (foreclosure by entry, MGL c. 244, §§ 1, 2) and/or the nonjudicial method (foreclosure by power of sale, MGL c. 244, § 14). The usual foreclosure procedure is by entry and then by exercise of the power of sale.
- MGL c. 244, § 1 Foreclosure by entry of action; continued possession
- MGL c. 244, § 2 Entry without judgment; memorandum or certificate; recording
- MGL c. 244, § 14 Foreclosure under power of sale; procedure; notice; form
MGL c. 260, § 33 Limitation of actions: obsolete mortgages
See also:
- MGL c. 260, § 34, Extension of mortgage
- MGL c. 260, § 35, Mortgage defined, commencement of proceedings, prerequisites
Massachusetts regulations
209 CMR 56 Foreclosure prevention options (with form for notice) (Division of Banks)
940 CMR 25 Foreclosure rescue transactions and foreclosure-related services (Office of the Attorney General)
Federal law
12 USC ch. 38 Multifamily mortgage foreclosure
12 USC ch. 38A Single family mortgage foreclosure
Federal regulations
12 CFR ch. X Consumer Financial Protection Bureau
Selected cases
Eaton v. Federal National Mortgage Association, 462 Mass. 569 (2012)
In order to foreclose by power of sale under Massachusetts law, a mortgagee must either be the holder of the promissory note or be able to demonstrate that the mortgagee is acting under the authority of the note holder.
Endeavor Capital N. LLC v. Smith, 26 LCR 584, Land Court 18 MISC 000118 (RSF) (Nov. 15, 2018)
"Nearly all the foreclosures of mortgages in the Commonwealth are made by sale, under the power of sale in the mortgage and following the procedure set forth in G.L. c. 244, § 14. An alternative to a foreclosure by sale is a foreclosure by entry. . . This is the rare case of a successful foreclosure by entry." (Request a copy of this case)
Pinti v. Emigrant Mortgage Company, Inc., 472 Mass. 226 (2015)
To effect a valid foreclosure sale, the lender must strictly comply not only with the terms of the actual power of sale in the mortgage, but also with any pre-foreclosure conditions that are required before exercising the power of sale. A lender’s failure to strictly comply with the notice of default provided in the mortgage renders the foreclosure sale void.
Property Acquisition Group v. Ivester, 95 Mass.App.Ct. 170 (2019)
"[P]rior to conducting a foreclosure sale, the mortgagee must in some way ascertain the fair market value of the property in order to satisfy its duty of good faith and reasonable diligence in selling the property."
US Bank National Association v. Ibanez, 458 Mass. 637 (2011)
Upholds the ruling in in U.S. Bank National Association v. Ibanez, 17 LCR 679, Land Court MISC 08-384283 (October 14, 2009), regarding the requirement that mortgage holders must be accurately identified in a foreclosure proceeding. "We agree with the judge that the plaintiffs, who were not the original mortgagees, failed to make the required showing that they were the holders of the mortgages at the time of foreclosure. As a result, they did not demonstrate that the foreclosure sales were valid to convey title to the subject properties, and their requests for a declaration of clear title were properly denied."
Web sources
Avoiding foreclosure, U.S. Department of Housing and Urban Development.
Primarily written for homeowners with FHA Insured loans, much of the information may apply to anyone facing foreclosure.
Cancelled debts, foreclosures, repossessions, and abandonments, IRS Pub. 4681.
Qualified principal residence indebtedness can be excluded from income for discharges before January 1, 2026.
Consumer rights advocacy, Greater Boston Legal Services.
Help for clients facing foreclosure to determine and assert legal defenses. Referrals to housing counselors.
Frequently asked questions on 150/90 day right to cure notice, Mass. Division of Banks.
If you are behind in mortgage payments you are in "default." If you pay the bank all the payments you missed, you can "cure the default". The bank must send you a notice that says you have the right to pay the money you owe. Helpful information on requirements for a right to cure notice. See also 209 CMR 56, Foreclosure Prevention Options.
Homeowners facing foreclosure, Mass. Legal Help, 2024.
Written in an easy-to-understand question and answer format, this resource provides helpful information about the foreclosure process, what to expect, and steps you can take to avoid foreclosure.
Land Court Servicemembers cases resources, Mass. Land Court.
Military status can provide certain protections from foreclosure. Learn about the process and protections provided.
Massachusetts foreclosure laws and procedures, Nolo.
Learn about foreclosure procedures in Massachusetts, including what notices you’ll get and the steps the foreclosing bank must follow. Detailed information from a legal self-help publisher.
Residential Assistance for Families in Transition (RAFT), Emergency Housing Payment Assistance Portal.
A program for low-income homeowners who are at risk of foreclosure. Eligible homeowners may apply for RAFT through the Executive Office of Housing and Livable Communities' Emergency Housing Payment Assistance Portal.
Print sources
Crocker’s notes on common forms, 12th ed., MCLE, 2022. Chapter 10 Foreclosure of mortgage.
The foreclosure survival guide: Keep your house or walk away with money in your pocket by Amy Loftsgordon, Nolo, 2021. (2023 eBook available with library card).
Home foreclosures: Including reverse mortgages, tax liens, condominium liens, land installment sales, and seizure of manufactured homes by Geoff Walsh, 2nd ed., National Consumer Law Center, 2023.
Massachusetts mortgages, foreclosures and workouts, 8th ed., MCLE, 2024.
Real estate law with forms, annual editions, (Mass. Practice v. 28) Thomson Reuters. Chapter 10 Mortgage foreclosure.
Contact for Massachusetts law about mortgage foreclosure
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| Last updated: | February 7, 2025 |
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