Massachusetts laws
MGL c. 167E Mortgages and loans
MGL c. 183 Alienation of land
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). The MGL chapter on alienation of land includes sections about mortgages. (For a further discussion of the ownership status of mortgaged real estate, see Milton Sav. Bank v. United States, 345 Mass 302 (1963)).
- §§ 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. 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.
Includes information about understanding interest rates, loan terms, and mortgage types.
Loans and mortgages, Mass. Division of Banks.
Helpful loan and mortgage information you may need when shopping around for a loan product. Links to a list of Mass. state-chartered banks and credit unions.
MassHousing mortgages
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.
Mortgages, U.S. Consumer Financial Protection Bureau.
Learn about how to get a mortgage, understand statements, what to do if you are not able to pay, know your rights, and how to file a complaint. Includes definitions of key words.
Mortgages and assignments, Lowell Registry of Deeds.
Explains how mortgages are recorded and the difference between a mortgage and a promissory note.
Print sources
Consumer law, 4th ed. (Mass Practice v.36A), Thomson Reuters, 2021 with supplement.
Chapter 28 D Financing and Closing Procedures.
Crocker's notes on common forms, MCLE, 12th ed., 2022. 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.
Mortgage lending, 4th ed., NCLC, 2024.
Mortgage servicing and loan modifications by John Rao, 2nd ed., 2023. National Consumer Law Center, [2023]
Real estate law with forms, (Mass. Practice v.28-28B), Thomson West, annual, Chapter 9 Mortgages.
Truth in lending, 11th ed., NCLC, 2023.
Contact for Massachusetts law about mortgages
Online
| Last updated: | September 10, 2024 |
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