Summary of Massachusetts' Foreclosure Laws

If you are facing foreclosure in Massachusetts, it’s important to understand some of the basics, including:

the most common type of foreclosure procedure (judicial v. nonjudicial) used in Massachusetts
how much time you have to respond
your rights and protections in the process, and
what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Massachusetts foreclosure law. Keep in mind that this is just a summary; we've included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic	State Rule
Common types of foreclosure process	Nonjudicial: under power of sale in deed of trust   Judicial: also available. The foreclosing party may sue to get a writ of possession and conditional judgment.
Time to respond	Prior to accelerating the loan and initiating foreclosure proceedings, the foreclosing party must mail to the homeowner by first class mail a 90-day notice of homeowner’s right to reinstate the mortgage and that homeowner may be eligible for state agency assistance. After loan is accelerated, the foreclosing party must send by (registered or certified mail) notice to homeowner at least 14 days before the sale date, and publish notice for three consecutive weeks before the sale date.
Reinstatement of loan before sale	If the foreclosing party gets a conditional judgment, the homeowner has two months to reinstate the mortgage. If loan is covered by state Predatory Home Loan Practices Act, lender must offer homeowner reasonable opportunity to reinstate the loan.
Redemption after sale	None
Special protections for foreclosures involving high-cost mortgages	Homeowner can rescind a high-cost loan and use rescission as a defense to the foreclosure. Assignees of the loan may be sued for lender or loan originator abusive lending activities except for governmental entities such as Freddie Mac and Fannie Mae. Predatory Home Loan Practices Act, Mass. Gen. Laws ch. 183C, §§ 1-19
Special state protections for service members	None
Deficiency judgments	Can be obtained in separate lawsuit if a notice of intent to seek a deficiency is included in notice of sale, and the notice of sale is mailed to homeowner at least 21 days before sale date.
Cash exempted in bankruptcy	About $11,000 for one person, $22,000 for a married couple under the federal bankruptcy exemptions
Notice to leave after house is sold	New owner may gain possession by consent or peaceable entry. If foreclosing party has a writ of possession under a conditional judgment, then if homeowner doesn’t reinstate the loan during the reinstatement period, new owner can use the writ of possession to remove former owner without further notice or process.
Foreclosure statutes	Mass. Gen. Laws ch. 244, § 14, 35A