Memorandum  Memo: New Foreclosure Protections During Federal Shutdown - Addition of Section 42 to Chapter 244 of the General Laws as Authorized by Section 55 of Chapter 73 of the Acts of 2025

Date:	11/28/2025
Organization:	Land Court
Referenced Sources:	G.L. c. 244 Chapter 73 of the Acts of 2025

To: All Registered Land Registry Districts

From: Christina T. Geaney, Chief Title Examiner

Memo

The legislature has enacted, and the Governor has signed into law, Chapter 73 of the Acts of 2025 (the “Act”).¹  Section 55 of this Act adds § 42 to the statute governing foreclosures, G.L. c. 244 (Foreclosure and Redemption of Mortgages). Specifically, the new statute prohibits certain foreclosure actions against certain residential property during any federal government shutdown,² and 30 days after (plus any applicable extension by the Governor), where the mortgagor³ or the mortgagor’s tenant is an impacted federal worker.⁴

For the new statute to apply during any federal government shutdown and the 30 days after (plus any applicable extension), three statements must be true:

1. The subject premise is a residential property that is not vacant or abandoned;
2. The mortgagor or the mortgagor’s tenant is an impacted federal worker; and
3. The mortgagor provided notice and documentation that the mortgagor or the mortgagor’s tenant is an impacted federal worker and, as a result, the mortgagor is experiencing a significant financial impact from a federal government shutdown.

If those three statements are true, then the mortgagee, its servicer, and/or its agent may not take the following four foreclosure actions:

1. Publish a notice of foreclosure sale under G.L. c. 244, § 14;
2. Exercise a power of sale;⁵ 
3. Exercise a right of entry; or
4. Start a judicial or non-judicial foreclosure process.⁶ 

Notably, the Act contains an emergency preamble, so it is immediately effective upon execution by the Governor. The Governor executed the law on November 25, 2025. The most recent federal government shutdown ended on November 12, 2025. Moreover, the governor extended the foreclosure restrictions an additional 45 days.

Accordingly, these foreclosure restrictions are currently in place between November 25, 2025, and January 26, 2026. Any of the four foreclosure actions listed above may not be performed/undertaken during this timeframe for mortgages protected by the statute. Thereafter, these foreclosure restrictions would arise again during any federal government shutdown and continue until at least 30 days after it ends (plus any applicable extension).

The Land Court has promulgated an affidavit form⁷ to be submitted to the Registry Districts with any foreclosure documentation going forward.  This means that if you receive a G.L. c. 244, §§ 35B, 35C affidavit executed during this timeframe, it will need to be accompanied by the new affidavit form certifying the mortgage is not protected by the Act. Likewise, any post-foreclosure affidavits will require the same affidavit certification.⁸

The affidavit requires any mortgagee, servicer, or agent to certify that the foreclosure documents presented for registration do not relate to a mortgagor entitled to the protections provided under G.L. c. 244, § 42, for impacted federal workers during a federal government shutdown.  Registry Districts should receive affidavits with either box 1 or 2 checked.  If box 2 is checked, there are additional boxes (a) through (c) that should be checked as appropriate. If any document(s) presented for registration relates to a mortgagor entitled to the protections under the statute, the Registry District shall not accept the document(s) for registration.

You may direct any questions about this Memorandum and/or the affidavit form to the Land Court Chief Title Examiner or her designee. The Land Court Chief Title Examiner reserves the right to further change, revise, suspend, or update this Memorandum and/or the affidavit form at any time.

1. Available on the Massachusetts Legislature's website.
2. G.L. c. 244, § 42 (a) (defining a federal government shutdown as “any period in which all non-essential federal government functions cease due to a failure to enact a regular appropriations bill or continuing resolution”).
3. G.L. c. 244, § 42 (a) (defining a mortgagor as “a person whose mortgage obligations began before a federal government shutdown”).
4. G.L. c. 244, § 42 (a) (defining an impacted federal worker as “a resident of the commonwealth who is furloughed or excepted pursuant to 31 U.S.C. § 1342 or any other federal law requiring them to continue working without pay during a federal government shutdown, including active-duty military, national guard, and reserve components”).
5. This includes the registration of a foreclosure deed. Compare United States Bank Nat'l Ass'n v. Ibanez, 458 Mass. 637, 646 (2011) (defining the power of sale as permitting the mortgage holder [to] sell the property at a public auction and convey the property to the purchaser in fee simple . . . .”)  with G.L. c. 185, § 57 (“The act of registration only shall be the operative act to convey or affect the land, . . . .”) and Malaguti v. Rosen, 262 Mass. 555, 567 (1928) (“Registration is the act which passes title . . . ”).
6. This includes the execution and/or registration of G.L. c. 244, §§ 35B, 35C affidavits.
7. Available on the Land Court’s website, Forms webpage.
8. Presently the Land Court’s Attorney Title Examiners are reviewing Eaton Affidavits, which would have to be accompanied by this new affidavit. As previously disclosed in the Memorandum of the Chief Title Examiner, dated October 29, 2025, the Title Examination Department of the Land Court intends to transfer to the Registry Districts primary responsibility for review of post-foreclosure affidavits. Guidance on this transition will be provided in a subsequent Chief Title Examiner Memorandum.