Massachusetts · Power of sale state · M.G.L. c. 244, §§ 14, 35A

Massachusetts gives you ninety days, and demands perfect paperwork.

A power of sale with no foreclosure lawsuit, but a 90-day right to cure for a principal residence, a Land Court servicemembers case before any sale, three weeks of published notice, and courts that void sales when the paperwork is wrong.

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FHA and VA add steps.

A tenant gets 90 days under federal law.

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Three dates decide a Massachusetts case. Ninety days after the right to cure notice, when the lender may accelerate. The date on the Land Court order of notice, which tells you the sale is weeks away. And twenty-one days before the sale, when the first published notice and the deficiency warning must be out.

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Step one

Make the call.

Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.

What to say

“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.

What to have ready

Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.

Write everything down

Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.

Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

A couple going through paperwork together at their kitchen table
Read every paper together and put every date on one page.

What Massachusetts gives you

Rights that exist because the property is in Massachusetts, whatever a servicer tells you on the phone.

Free, today, no catch

Where to get real help, free

A housing counselor shaking hands with a homeowner at a kitchen table
A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Massachusetts foreclosure attorney confirm anything that matters before you act.

Questions people ask about Massachusetts foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Massachusetts?

With no delays or disputes, a Massachusetts foreclosure of a principal residence runs roughly 276 days from the first missed payment to the auction in Suffolk County, and somewhat less in rural counties. The lender must give a 90 day right to cure, bring a servicemembers case in the Land Court, and publish notice for three weeks before the sale.

What is the 90 day right to cure in Massachusetts?

For a one to four family home that is the borrower principal residence, the lender may not accelerate or enforce the mortgage until at least 90 days after written notice of the right to cure. The borrower pays the past due amount with allowed late fees and per diem interest, and cannot be charged a fee for curing. M.G.L. c. 244, section 35A.

What is a servicemembers case in the Massachusetts Land Court?

Before foreclosing by power of sale, the lender files a complaint in the Land Court to determine whether the owner is protected by the Servicemembers Civil Relief Act. It does not decide whether the lender may foreclose; it only decides military status.

How much notice is required before a Massachusetts foreclosure sale?

Publication once in each of three successive weeks, the first at least 21 days before the sale, and registered mail to the owner at least 14 days before the sale. M.G.L. c. 244, section 14.

Can a Massachusetts lender get a deficiency after foreclosure?

Only if it mailed notice of its intention to seek a deficiency at least 21 days before the sale, and it must sue within two years after the sale. M.G.L. c. 244, sections 17A and 17B.

Can a Massachusetts town keep my equity after a tax foreclosure?

A town can keep or sell the property, but either way it must pay the equity above the taxes, interest and costs to the former owner who makes a valid claim. If it keeps the property it must have it appraised; if it sells, it must list it with a broker and then auction it if it does not sell. It must send you an itemized accounting. You have limited time to claim, so keep your address current. M.G.L. c. 60, section 64A.

Last verified: October 18, 2026. Every deadline and citation on this page was checked against Massachusetts law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.

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