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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Each is a different statute.

When you first fell behind.

Local pace is the variable.

Past steps fade out.

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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What Florida gives you

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

Free, today, no catch

Where to get real help, free

Regional legal aid programmes take foreclosure cases at no cost if you qualify by income. Start at FloridaLawHelp.org, which routes you to the programme covering your county.

HUD-approved housing counsellors are free everywhere in the state — 1-800-569-4287. Several circuits also run residential foreclosure mediation; ask the clerk 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.

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Status of this page

Verified 8 September 2026 against the 2025 Florida Statutes and the Rules of Civil Procedure. That audit corrected ten items, including a dead citation for the deficiency limitation period, the wrong authority for the writ of possession, and a surplus claim deadline repealed in 2019. Statute text was verified; appellate case law was not, and two items — the paragraph 22 defence and current circuit mediation programmes — rest partly on secondary sources and should be confirmed by a Florida attorney before launch.

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?

A typical Massachusetts foreclosure of a principal residence runs roughly 275 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?

No. Since 1 November 2024 a municipality may not retain excess equity above the taxes, interest and costs owed. M.G.L. c. 60, section 64A.