Massachusetts laws
MGL c. 186, § 13A Tenants deemed to be tenants at will upon foreclosure
MGL c. 186A Tenant protections in foreclosed properties
MGL c. 244, § 15A Mortgagee taking possession or conveying title; notice to tenants
Federal laws
PL 111-22 Protecting Tenants at Foreclosure Act of 2009. This law was made effective permanently by PL 115-174, § 304.
Selected cases
Attorney General v. Dime Savings Bank of New York, 413 Mass. 284 (1992)
Mortgagee who forecloses on residential property by sale may not bring trespass action against holdover tenant or mortgagor in actual possession of foreclosed premises. Summary process (eviction) is the proper procedure.
Lenders Commercial Finance LLC v. Pestilli, et al., Southeast Housing Court (Feb. 3, 2017)
A bank that purchased a home at foreclosure could not evict the former owners with just a 30-day notice to quit. "The Court finds that there is no evidence in this action that there was ever any agreement between the parties for the defendant to pay any rent to the plaintiff, or for any definite rental period. Accordingly, the court finds that G.L. c. 186, s.12 requires that the plaintiff terminate the defendant's tenancy at will by service of a 90 Day Notice to Quit for possession."
Web sources
Discovery for tenants in foreclosed properties: Representing yourself in an eviction case, Greater Boston Legal Services and Harvard Legal Aid Bureau, May 2019.
Discovery is the legal word used to describe the process of each party requesting and receiving information that relates to the court case. If you are facing eviction related to a foreclosure, you can request Discovery from the bank or your landlord and they must answer questions in writing and provide documents about your eviction case. This page includes information and rules about requesting discovery and a sample discovery request form.
Information for tenants in foreclosed buildings, Mass. Attorney General.
Outlines tenants' rights in foreclosure, and explains what is required to be a "bona fide tenant."
Protecting Tenants at Foreclosure Act, U.S. Office of the Comptroller of Currency, March 2020.
The booklet provides background information and expanded examination procedures for the Protecting Tenants at Foreclosure Act of 2009 (PTFA).
Rights of renters in foreclosure, Nolo, 2021.
State and federal laws give important rights to tenants whose landlords have lost their properties through foreclosure.
Tenants, foreclosure, and eviction, Mass. Legal Help, 2024.
Provides answers to common questions for tenants who think that their apartment building might be at risk of foreclosure.
Print sources
The foreclosure survival guide: Keep your house or walk away with money in your pocket, 8th ed., 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, 2nd ed., NCLC, 2023.
Massachusetts mortgages, foreclosures, and workouts, 8th ed., MCLE, 2024.
Real estate law with forms, annual (Mass Practice v.28), Thomson Reuters.
Section 10:19 Rights, duties, and obligations of a foreclosing mortgagee to tenants and others.
Residential and commercial landlord-tenant practice in Massachusetts, 5th ed., MCLE, 2024.
Chapter 15: Post-foreclosure evictions.
Summary of basic law, (Mass Practice v.14C), Thomson Reuters, 2014 with annual supplement.
Section 14:182 By exercise of power of sale – Tenant protections in foreclosed properties.
Contact for Massachusetts law about tenants in foreclosed buildings
Online
| Last updated: | February 11, 2025 |
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