Massachusetts law about mortgage foreclosure

Laws, regulations, cases and web sources on mortgage foreclosure law.

For information about municipal tax takings, see Massachusetts law about property taxes.

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Table of Contents

Best bets

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.

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

MGL c. 260, § 33 Limitation of actions: obsolete mortgages
See also:

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 Bureau of Consumer Financial Protection

Selected cases

Web sources

Avoiding foreclosure, U.S. Dept. 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.

Very basic information about avoiding foreclosure, avoiding foreclosure scams, and refinancing a mortgage. From an official federal government website.

Foreclosure timeline, Middlesex North Registry of Deeds, July 2013.
Blog post uses an example to illustrate the timing of an Order of Notice in the foreclosure process.

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.

Land Court Servicemembers cases resources
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, 7th ed., MCLE, loose-leaf.

Real estate law with forms, 5th ed. (Mass. Practice v. 28) Thomson Reuters, 2016 with supplement. Chapter 10, Mortgage foreclosure.

Contact   for Massachusetts law about mortgage foreclosure

Last updated: June 6, 2024

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