State Foreclosure Law
Massachusetts Foreclosure Laws
Foreclosure laws, timelines, homeowner protections, and free legal resources for Massachusetts.
Typical Timeline
~270 days
From first notice to sale
Homestead Exemption
$500,000
Automatic — no filing required
Deficiency Judgment
Limited
Not after non-judicial sale
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
4 cited
16 needs check
5 gaps
Not legal advice. This page provides general information about Massachusetts foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — always confirm current statute text and consult a Massachusetts-licensed attorney for advice specific to your situation.
Governing Statutes
| Citation | Title | Covers |
|---|---|---|
| MGL c. 244, § 1 et seq. | Foreclosure of Mortgages | Non-judicial foreclosure by power of sale, notice requirements, publication, statutory power of sale |
| MGL c. 244, § 35A-35C | Right to Cure / Pre-Foreclosure Notice | 150-day right to cure default, 90-day pre-foreclosure notice requirement, creditor mediation obligation |
| MGL c. 188, § 1 et seq. | Homestead Exemption | $500,000 automatic homestead exemption for primary residence, $1M declared homestead for elderly/disabled |
| MGL c. 239, § 1 et seq. | Summary Process (Eviction) | Post-foreclosure eviction procedures and tenant protections |
Non-Judicial Foreclosure Process
Awaiting verification1
Default and §35A Right to Cure Notice
~150 days
When a borrower of a first-lien residential mortgage on a 1-4 unit owner-occupied property defaults, M.G.L. c. 244, §35A requires the mortgagee (lender) to send a 'Right to Cure' notice to the borrower by first-class mail at their last known address. The notice must inform the borrower: (1) they are in default; (2) the nature and amount of the default; (3) the borrower has 150 days from receipt to cure the default by paying all amounts owed; and (4) if the borrower does not cure, the mortgagee may accelerate and foreclose. The 150-day right-to-cure period runs concurrently with CFPB Regulation X's 120-day pre-filing period. Once the §35A notice is sent, the mortgagee cannot publish the foreclosure sale notice until the 150-day period expires (unless the borrower's right to cure has been previously exercised for the same mortgage).
2
§35B Servicer Evaluation for Modification (Certain Loans)
~30 days
M.G.L. c. 244, §35B requires servicers of certain Massachusetts residential mortgages to evaluate whether the borrower qualifies for a 'commercially reasonable alternative' to foreclosure (including loan modification) before proceeding with foreclosure. The servicer must send a §35B notice to the borrower assessing whether a modification is possible under the Net Present Value (NPV) test. If the NPV analysis shows modification is value-positive (the modified loan is worth more to the investor than foreclosure), the servicer should offer a modification. §35B applies to loans that meet specific criteria (certain higher-cost or subprime mortgages originated between 2007-2012). The scope of §35B has been contested in courts.
3
14-Day Notice to Mortgagor Before First Publication
~14 days
Before the mortgagee can begin publication of the foreclosure sale notice, it must send written notice to the mortgagor (borrower) by registered mail at least 14 days before the first publication. This notice must inform the borrower of: (1) the mortgagee's intent to foreclose; (2) the date, time, and place of the proposed sale; and (3) the total amount needed to redeem (cure) the mortgage. The 14-day notice is in addition to the earlier §35A cure period notice — it is the pre-publication notice confirming that the mortgagee is proceeding with foreclosure.
4
Publication of Notice of Foreclosure Sale — 3 Consecutive Weeks
~21 days
The mortgagee (or its attorney) publishes the Notice of Foreclosure Sale in a local newspaper of general circulation in the county (or city) where the property is located for 3 consecutive weeks. M.G.L. c. 244, §14 requires the notice to include: (1) the mortgagee's name; (2) the property description; (3) the date, time, and place of sale; and (4) the terms of sale. Under Massachusetts land title standards, the sale must occur no sooner than the third publication date (21 days after first publication). The mortgagee must also mail notice of the sale by registered mail to the mortgagor at least 14 days before the sale (see step 3 above).
5
Power of Sale Auction
~45 days
The mortgagee (or its attorney or auctioneer) conducts a public auction on the date, time, and place specified in the published notice. Massachusetts foreclosure sales are typically conducted at the property itself or at a location near the county courthouse. The mortgagee may credit bid up to the full outstanding balance plus costs. Third-party investors and the general public may bid. The highest bidder must pay a deposit on the sale date (typically 5-10% of the sale price) and the balance within 30-45 days. If no bids exceed the mortgagee's credit bid, the mortgagee acquires the property as REO. Massachusetts is one of the few states where the mortgagee's attorney typically acts as the auctioneer, though licensed auctioneers are also used.
6
Foreclosure Deed and Title Transfer
~30 days
After the auction, the mortgagee (or trustee, if a REMIC trust) records a Foreclosure Deed with the Registry of Deeds in the county where the property is located, conveying title to the successful purchaser. The foreclosure deed extinguishes the mortgagor's equity of redemption and all junior liens and encumbrances. Under Massachusetts law, the foreclosure is complete upon recording of the foreclosure deed. The former owner has no right to redeem or reclaim the property after the deed is recorded.
7
Summary Process (Eviction) Against Former Owner and Tenants
~60 days
After the foreclosure deed is recorded, if the former owner or tenants remain in possession, the new owner must bring a Summary Process (eviction) action in the Housing Court or District Court. Massachusetts Summary Process after foreclosure typically requires serving a Notice to Quit (typically 30 days for former owners, 90 days for bona fide tenants under the PTFA). If the former owner does not vacate, the new owner files a Summary Process complaint. The court holds a hearing and if the new owner prevails, issues an Execution for Possession. The county sheriff executes the writ to remove occupants if necessary. Massachusetts is a landlord-tenant-protective state and Summary Process cases after foreclosure can take 45-90 days.
Judicial Foreclosure Process
Awaiting verification1
File Complaint in Land Court or Superior Court
The mortgagee files a complaint to foreclose mortgage or for strict foreclosure in the Massachusetts Land Court (for title matters) or Superior Court. The court issues summons requiring the mortgagor and all junior lienholders to appear and respond.
2
Court Proceedings, Judgment, Sale or Strict Foreclosure
Case proceeds through civil litigation. For a traditional judicial foreclosure, the court orders a public sale by the sheriff. For strict foreclosure (rare), the court sets a 'law day' by which the mortgagor must pay the debt or lose the property to the mortgagee without a sale. Because the power of sale is standard in modern Massachusetts mortgages, judicial foreclosure is almost never used.
Homeowner Protections
Awaiting verificationHomestead Exemption
$500,000
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Prohibited after non-judicial sale
Massachusetts permits deficiency judgments after a power-of-sale foreclosure, subject to three important rules: (1) The lender must bring a separate action in Superior Court within 90 days of the foreclosure sale to recover the deficiency — it cannot be recovered in the foreclosure proceeding itself (M.G.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
150 days from receipt of the §35A notice — for first-lien residential mortgages on 1-4 unit owner-occupied properties
All past-due mortgage payments, late charges, attorney fees, and other charges specified in the mortgage. After cure, the mortgage remains in force and the borrower resumes regular payments.
Massachusetts Borrower Outreach and Mediation
Awaiting verificationMassachusetts offers a statewide foreclosure mediation program. §
Key Requirements
Administered By
Massachusetts Attorney General's Office / Supreme Judicial Court
Free Legal Resources in Massachusetts
- Greater Boston Legal Services (GBLS)Greater Boston metro (Suffolk, Middlesex, Norfolk, Essex counties) — free civil legal services for low-income residents including foreclosure defense, Housing Court representation, and bankruptcy assistance. legal aid.gbls.org →
- Massachusetts Legal Aid (MLA) — Statewide HotlineStatewide Massachusetts — MassLegalHelp.org coordinates legal aid referrals across all Massachusetts counties and provides online self-help resources for foreclosure defense. legal aid.masslegalhelp.org →
- South Coastal Counties Legal Services (SCCLS)Southeastern Massachusetts including Plymouth, Bristol, Barnstable, Dukes, and Nantucket counties. legal aid.sccls.org →
- Harvard Legal Aid BureauCambridge and parts of Boston — free legal services from Harvard Law students supervised by licensed attorneys. legal aid.hlab.law.harvard.edu →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in Massachusetts. Can help with loan modification applications, mediation preparation, and understanding your options.Find a counselor in Massachusetts →
- Massachusetts Bar Association — Lawyer Referral ServiceLawyer referral service for your area.massbar.org →
Find Help in Massachusetts
We maintain a verified directory of free and low-cost help providers in Massachusetts. All are government-approved or federally funded.
National Foreclosure Guides
These guides explain foreclosure at the federal level — your rights, your options, and what to do at each stage. They apply in every state, including Massachusetts.
Facing Foreclosure?
Overview of the process, your options, and where to get free help
How to Stop Foreclosure
Steps you can take today — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
What to do if you've missed a payment or know you'll miss one soon
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure
Massachusetts Distress Data
The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Massachusetts homeowners:
Foreclosure Filings
National trend
Massachusetts has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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If you're facing foreclosure in Massachusetts, free help is available right now. Call 1-800-569-4287 or find a HUD-approved housing counselor near you at no cost.