Massachusetts law about mortgages

Laws, regulations, and web sources about mortgage loans, mortgage lenders, mortgage brokers, and mortgage deeds.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Best bet

Understanding your mortgage loan, Office of the Attorney General.
Answers some of the most commonly asked questions and links to resources about mortgage loans.

Definition of "mortgage"

In Massachusetts, a mortgage is defined as a “conveyance of an estate by way of security or pledge for the payment of a debt or the performance of an obligation than is extinguished upon payment of the debt or performance of the obligation.” Ewer v. Hobbs, 46 Mass. 1 (1842).

Massachusetts laws

MGL c. 167E Mortgages and loans

MGL c. 183 Alienation of land

  • §§ 18-28C Mortgage deeds
  • §§ 54-55 Discharge of mortgage
  • §§ 56-57 Mortgage notes
  • §§ 59-69 Terms of loans and mortgages

MGL c. 184, § 17B Mortgage loan application; required statements and information

MGL c. 184, § 17B 1/2 Variable or adjustable rate subprime loans for first-time home loan borrowers

MGL c. 255E Licensing of certain mortgage lenders and brokers

MGL c. 255F Licensing of mortgage loan originators

MGL c. 260 §§ 33-35 Obsolete mortgages

MGL c. 266, § 33 Larceny; false pretenses relating to contracts, banking transactions or credit

Massachusetts regulations

Regulations of the Division of Banks

209 CMR 41 Licensing of mortgage loan originators

209 CMR 42 Licensing of mortgage lenders and mortgage brokers

209 CMR 54 Mortgage lender community investment

Regulations of the Attorney General

940 CMR 8 Mortgage brokers and mortgage lenders
Defines prohibited unfair and deceptive advertising practices and "expand[s] the scope of previous home improvement loan regulations to apply to all mortgage loans."

Web sources

Home refinancing FAQs, Mass. Secretary of the Commonwealth.
Also includes the booklet: Why should I refinance, and when does it pay to do so?

The homebuying process in Massachusetts, Mass. Division of Banks.
Brief overview of various mortgage types, interest rates, and other steps of purchasing a home.

Loans and mortgages, Mass. Division of Banks.
Helpful loan and mortgage information you may need when shopping around for a loan product, including verifying a financial services licensee, choosing the right bank or credit union, and approved home counseling agencies. 

MassHousing mortgages
MassHousing (The Massachusetts Housing Finance Agency) is an independent, quasi-public agency created in 1966 to support affordable housing opportunities for Massachusetts residents. Find out about mortgage loans, down payment assistance and homebuyer benefits offered through this agency. “Find a MassHousing Lender” lists the top originators of MassHousing loans by county in the last full calendar year.

Mortgages, U.S. Consumer Financial Protection Bureau.
Learn about getting a mortgage, maintaining a mortgage, navigating common issues, and filing a complaint.

Strategies for lowering mortgage interest rates, Mass. Secretary of the Commonwealth.

What's the difference between a mortgage and a promissory note?, Nolo, 2024.

Consumer law, 4th ed. (Mass. Practice v.36A), Thomson Reuters, 2021 with supplement.
Chapter 28D: Financing and Closing Procedures.

Crocker’s notes on common forms, 13th ed., MCLE, 2025.
Chapter 5: Mortgages; Chapter 6: Mortgages to secure future advances; Chapter 7: Assignment of Mortgages; Chapter 8: Discharge of Mortgage; Chapter 9: Partial Releases and Extensions of Mortgage.

Methods of practice with forms, 4th ed. (Mass. Practice v.5-5B), West Group, 2000 with supplement.
Chapter 12: Mortgages of Real Estate.

Mortgage lending, 4th ed., National Consumer Law Center, 2024.

Mortgage servicing and loan modifications, 2nd ed., National Consumer Law Center, 2023.

Real estate law with forms, (Mass. Practice v.28-28B), Thomson Reuters, 2016 with supplement.
Chapter 9: Mortgages.

Truth in lending, 11th ed., National Consumer Law Center, 2023.

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Last updated: March 16, 2026

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